SUMBER - SUMBER HUKUM

Introduction

This tutorial provides a comprehensive overview of the sources of law as discussed in the video "SUMBER - SUMBER HUKUM" by HI UNILA. Understanding the different sources of law is crucial for anyone studying legal systems, as it forms the foundation of legal principles and practices.

Step 1: Identify Different Sources of Law

Begin by familiarizing yourself with the primary sources of law, which are typically classified into several categories:

• Statutory Law: Laws enacted by legislative bodies.
• Case Law: Laws established through judicial decisions in court cases.
• Administrative Law: Regulations created by government agencies.
• Constitutional Law: Fundamental principles that govern a state, established in the constitution.

Practical Tips

• Review your local legal framework to see how these categories apply in your jurisdiction.
• Look for examples of each type to better understand their implications.

Step 2: Understand the Hierarchy of Laws

Recognizing the hierarchy among different sources of law is essential for legal analysis. The typical order includes:

1. Constitution: The supreme law of the land.
2. Statutes: Laws passed by legislative bodies.
3. Regulations: Rules created by administrative agencies.
4. Case Law: Judicial interpretations of statutes and regulations.

Common Pitfalls to Avoid

• Failing to recognize that constitutional law overrides statutory and administrative laws.
• Confusing regulations with statutes; regulations are more specific and detailed.

Step 3: Explore the Role of Customary Law

Customary law, based on established practices and traditions, plays a significant role in many legal systems, especially in areas where formal legislative frameworks are lacking.

• Characteristics of Customary Law:
  • Based on long-standing practices.
  • Often unwritten, derived from social customs.

Real-World Applications

• Investigate how customary law influences legal decisions in your region, especially in indigenous or rural communities.

Step 4: Analyze the Impact of International Law

International law is crucial for understanding how global agreements and treaties affect domestic law.

• Key Areas of Focus:
  • Treaties: Binding agreements between countries.
  • Customary International Law: Practices accepted as law by international communities.

Practical Advice

• Stay updated on major international treaties that may impact your local legislation.

Conclusion

In summary, understanding the sources of law is fundamental for legal scholars and practitioners. By identifying and analyzing statutory, case, administrative, constitutional, customary, and international law, you can gain a clearer perspective on how laws are formed and enforced.

As a next step, consider deepening your knowledge by exploring specific cases and statutes relevant to your area of interest.