Pengantar Hukum Indonesia | Pembagian dan Penggolongan Hukum | Fakultas Hukum | #Materikuliah02

Introduction

This tutorial provides an overview of Indonesian law, focusing on its classifications and divisions. Understanding these categories is essential for students and professionals in the legal field, as they help clarify the structure and sources of law in Indonesia.

Step 1: Understanding Law According to Its Sources

Law can be categorized based on its origin. Familiarize yourself with the following sources:

• Written Law: Includes statutes and regulations enacted by legislative bodies.
• Unwritten Law: Consists of customary laws and practices that are recognized by the community.
• Judicial Decisions: Refers to laws established through court rulings and precedents.

Practical Tip: Always check for the most current legal texts and judicial decisions, as they can change over time.

Step 2: Classifying Law by Its Form

Laws can also be classified based on their format:

• Statutory Law: Written laws formally enacted by legislative bodies.
• Regulations: Specific rules set by governmental agencies to implement laws.
• International Treaties: Agreements between countries that have legal implications.

Common Pitfall: Confusing regulations with laws—regulations are subordinate to the law.

Step 3: Categorizing Law by Temporal Validity

Laws differ in terms of when they come into effect:

• Permanent Law: Remains in effect indefinitely until repealed.
• Temporary Law: Valid for a specific period or until a certain condition is met.

Real-World Application: Be aware of the duration of laws that may impact ongoing legal matters or cases.

Step 4: Law Based on Jurisdiction

Laws can vary based on geographic applicability:

• National Law: Applicable throughout the entire country.
• Local Law: Specific to certain regions or municipalities.

Practical Tip: Always confirm the jurisdictional relevance of laws when dealing with legal issues.

Step 5: Law According to Enforcement Methods

Laws can be categorized by how they are enforced:

• Coercive Law: Enforced through penalties or sanctions for non-compliance.
• Non-Coercive Law: Relies on voluntary adherence and moral obligation.

Consideration: Understanding enforcement types helps in appreciating the implications for compliance.

Step 6: Classifying Law by Content

The content of law can also serve as a classification basis:

• Criminal Law: Governs offenses against the state and prescribes punishment.
• Civil Law: Deals with disputes between individuals or organizations.
• Administrative Law: Regulates the actions of governmental agencies.

Key Takeaway: Each type of law serves different purposes and has distinct procedures.

Step 7: Understanding Law by Characteristics

Finally, laws can be classified by their inherent characteristics:

• Public Law: Governs the relationship between individuals and the government.
• Private Law: Manages relationships between private individuals or entities.

Practical Tip: Knowing the characteristics of law is crucial for legal practitioners when navigating cases.

Conclusion

This tutorial outlined the various classifications of Indonesian law, including sources, forms, temporal validity, jurisdiction, enforcement methods, content, and characteristics. Understanding these divisions is fundamental for anyone studying or practicing law in Indonesia. For further exploration, consider reviewing specific laws or cases that exemplify each category discussed.