International Justice System

The international justice system is the elements or components of the international judiciary that are regularly interrelated to form a unity in order to achieve inter-national justice. These components consist of the International Court of Justice, the International Criminal Court, as well as the Special Panels, and the International Criminal Specialties.

Components of the International Judicial System

The components or elements in a system of existence are very important for the implementation of the system itself. The loss of a single element in a system can hinder the running of the system.

The same is true of the components of the international justice system. All components of the international justice system should support and co-operate in international justice.

 Components in the international judicial system are as follows.

1. International Court of Justice

International Court of Justice or abbreviated MI is the main organ of the United Nations judiciary, based in The Hague, Netherlands. The Court has been functioning since 1946. The primary function of the International Court of Justice is to resolve international dispute cases whose subject is the state.

The composition of the International Court of Justice consists of fifteen judges. Fifteen candidates for the judges of the International Court of Justice were recruited from qualified member states in the field of international law. In electing members of the International Court of Justice, an independent ballot is conducted by the General Assembly (MU) and the Security Council (DK). Usually the five judges of the International Court of Justice are from permanent members of the UN Security Council.
The International Court of Justice has the following duties.
a.  Examining disputes or disputes between UN member states submitted to it.
Giving opinion to the UN General Assembly on inter-member UN member settlement disputes.
b. Appeals to the UN Security Council to act on any party that does not implement the International Court of Justice decision.
c. Advise legal issues with the UN General Assembly and Security Council.

The International Court of Justice is in charge of examining and adjudicating disputes in both dispute and counsel. Therefore, the International Court of Justice has the following powers.

Apply the jurisdiction of the jurisdiction over ordinary matters under the terms of the parties’ agreement in the dispute.
Giving opinion advisory opinion is the opinion of the court that is advice. Advisory opinion has no binding nature, but is usually applied as a legal decision, namely a mandatory decision that has strong or suggested power to implement.

2. The International Criminal Court

The International Criminal Court, abbreviated  is the International Criminal Court which stands permanently under a multilateral treaty and is in charge of the supremacy of international law. The International Criminal Court ensures that perpetrators of serious international crimes are convicted. Types of serious crimes in question are crimes of genocide, crimes against humanity, war crimes, and crimes of aggression.

3. Special Panels and Special Crimes International

The international criminal special panel is abbreviated as PKPI. Like the international criminal panel abbreviated PSPI. The international criminal special panel is abbreviated and the international criminal panel abbreviated are international judicial institutions that try suspects of non-permanent crimes. That is, have tried this court disbanded.

These are the elements or components of the international judiciary that are regularly interrelated to form a unity in order to achieve international justice.

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Why Should There be a Law

  1. Why Should There be a Law?
    Law is a tool to limit human behavior in general whose purpose is to create a peaceful and peaceful society. Law regulates various community activities, ranging from socializing, politics, trying, competing.
  2. Where There Is No Law
    Example: if the thief has no legal sanction, can we sleep well at night? If on the highway there is no legal signs, imagine the traffic jam.
  3. The rise of the Law. The law, also known as the rule, is created because of the existence of society, so that where there is society then there will also be created the law, either intentionally or unintentionally, either in writing or unwritten. There is no civilized society and country that does not require the law
  4. What is the Importance of the Law? The importance of the law for the life of a nation and a state is to organize all its people or society, in the presence of the law we can be bound and do not act arbitrarily and with the existence of exact law evil does not rampant in society. Law is important but more important is its law enforcers.
  5. What is the Legal Purpose? The purpose of the law is to regulate the people not to commit violations and criminal acts in order to create peace and prosperity of the people. In this world there are many humans, the more human more and more different desires and attributes. The existence of the law is to regulate the relationships between people and limit and prevent excessive actions that can be done by humans. It’s to manage this life let me not mess. Because if there is no law then people will do as they please. Examples of taking other people’s goods at will, killing, taking the honor of others.
  6. Legal Purposes According to Flow and Law in Law. Ethical flow assumes the purpose of law is essentially to achieve justice. The ethical school therefore assumes that the law is determined by the belief in something just or unjust. Utilistic flow, which considers the purpose of the law is merely to realize the greatest benefit and happiness for the majority of mankind. The Dogmatic Juridical School which assumes that the purpose of the law is merely to bring about legal certainty. This Dogmatic Juridical School considers that the law which has been contained in the formulation of legislation is something that has the certainty to be realized. Legal certainty is an absolute thing for every rule and therefore legal certainty is itself a legal objective.
  7. Legal Functions by Experts
    The legal function according to Prof. Dr. Soerjono Soekanto, as a tool to implement order and tranquility in social life; As a means to realize social justice, both born and inner and as a means to mobilize development for society. The legal function according to Prof. Dr. Sunaryati Hartono: As a means to maintain order and security in society; As a means to carry out development; As a means to uphold justice and as a means to educate (educate) the community. “

The purpose of the establishment of law within a country

The purpose of the law is to create an orderly order of society, creating order and balance with the achievement of order in society, it is expected that human interests will be protected in achieving its objectives, the law serves to divide the rights and obligations between individuals in society, divide authority and regulate the way of legal issues and legal certainty.

Meanwhile, according to the 1945 Constitution, the purpose of law is the same as the purpose of the state, namely to build a nation which includes the nation and the whole of Indonesia’s blood spill, and to fulfill the general welfare, to improve the life of the Indonesian nation and to participate in the implementation of world order based on independence, eternal peace, and social justice.
In general the legal objectives are formulated as follows:
a. To organize the public order peacefully and fairly.
b. To safeguard the interests of every human being so that interests can not be disturbed.
c. To ensure legal certainty in human relationships.

In addition to legal objectives, the function of law in human life continues to grow in line with the development of society where law is located. However, in general the function of law can be seen as a means of social control is the function of law that runs the task to maintain order or existing life patterns.

Legal purpose according to experts:

Prof. Lj. Van Apeldorn: The purpose of the law is to regulate the order in society peacefully and fairly. For the sake of achieving peace of law must be created a just society by making a balance between conflicting interests with each other, and everyone must obtain (wherever possible) what is his due.
B. Aristotle: The goal of law requires justice and the content of the law is determined by the ethical consciousness of what is said to be just and unjust.
C. Prof. Soebekti: The purpose of the law is to serve the will of the state that is bringing prosperity and happiness to the people. In serving the purpose of the state, the law will provide justice and order for its people.
D.Prof. J Van Kan: The purpose of the law is to safeguard the interests of every human so that his interests can not be disturbed. With this purpose, it will be prevented the occurrence of vigilante behavior against others, because the action was prevented by law.

customary law

Rules must be made to organize the people to live in peace and peace. Where in Indonesia itself other than there is a written law, there is also an unwritten law. One of them is Customary Law. As is known that Indonesia is a country rich in cultural diversity, customs, language and various arts. Thus local customary law with each other in Indonesia would be different. Well before discussing the matter, we first understand the meaning of customary law.

Understanding Customary Law

The term customary law was first declared by Prof. Christian Snouk Hugronje the Customary Law which is a law in Indonesia in his book entitled The Atjehers and het Gayo Land. When viewed from the word, customary law is a blend of the word law and custom. Where the law comes from the word recht in Dutch, and custom comes from the Arabic language which has the meaning of habits. Basically this customary law is a term commonly used to mention a law that applies to the people of Indonesia.

In addition there are some legal experts who define customary law. According to Soepomo himself, Customary Law is a law that is not written in the legislative regulations  includes the rules of life that although not established by the authorities but obeyed and supported by the people based on the belief that the rules have the power of law .

While Cornelis which states that customary law is a law that does not originate from the rules of the rules made by the Dutch East Indies government. If it is concluded that customary law is all living behavior that exists in indigenous communities in Indonesia derived from the spiritual values, beliefs and cultures that have prevailed in society while for those who violate there are sanctions as a result of violations that are forced.

Sources of Customary Law

Based on the origin of the source of customary law in Indonesia are classified into two namely composed of Source of law, among others include: Habits and customs associated with the tradition of the people, traditional culture of the people directly arise as a statement of indigenous Indonesian culture and feelings of justice living in conscience people.

Sources of adat law are the identifiers, among others: adat customs, customary jurisprudence, and reports of specially formed research commissions. In addition, there are also documents that contain the provisions of the law living at that time, either in the form of a charter of regulations, as well as the provisions / decisions. The next source of adat law is the book of the Law written by the King or the sultan or the book of the jurists.

Examples of customary law

Every region in Indonesia certainly does not have the same customary law. This is evident from some examples of laws. One of them is Minangkabau Customary Law. The customary law requires women to have a complete inheritance from their parents while the Minangkabau men are on duty to migrate to the land of people to search for treasures and then the knowledge they get in overseas lands is practiced in their hometown. Unlike Adat law in Central Java or Yogyakarta, where boys get more inheritance than a woman.

In addition to customary law above which discusses the division of inheritance, another example of customary law in Indonesia is customary law in Papua if a person has an accident and caused someone else to die then the person must pay compensation in the form of a number of money and pigs in a very large amount.

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