SISTEM HUKUM DI DUNIA (1/2)

Introduction

This tutorial provides an overview of the legal systems around the world, as discussed in the video "SISTEM HUKUM DI DUNIA" by Stefani Claudia. Understanding these systems is crucial for grasping how laws are applied in different countries and cultures. This guide will break down the various legal systems, their characteristics, and their implications.

Step 1: Understand the Purpose of Legal Systems

• Legal systems exist to maintain order, protect rights, and ensure justice.
• They provide frameworks for resolving disputes and establishing societal norms.
• Recognizing the purpose helps contextualize different legal frameworks worldwide.

Step 2: Identify the Main Types of Legal Systems

There are several primary legal systems, each with unique characteristics:

1. Civil Law System

   • Based on written codes and statutes.
   • Common in Europe, Latin America, and parts of Asia.
   • Judges play a more passive role, primarily applying the law.

2. Common Law System

   • Based on precedents set by court decisions.
   • Predominantly used in the UK, the US, and other Commonwealth countries.
   • Judges have a more active role in shaping the law.

3. Religious Law System

   • Laws are based on religious texts and traditions.
   • Examples include Islamic law (Sharia) and Jewish law (Halakha).
   • Often intertwined with cultural practices.

4. Customary Law System

   • Based on societal norms and practices.
   • Common in indigenous communities and some African nations.
   • Focuses on traditional customs rather than formal legislation.

Step 3: Explore the Characteristics of Each System

• Civil Law Systems

  • Codified laws are comprehensive and detailed.
  • Legal scholars and legislators significantly influence the interpretation of laws.

• Common Law Systems

  • Emphasizes case law and judicial decisions.
  • Allows for adaptability and evolution of the law over time.

• Religious Law Systems

  • Legal rulings may vary widely depending on interpretation.
  • Conflicts can arise between religious and secular laws.

• Customary Law Systems

  • Reflects the values and practices of a community.
  • Can sometimes conflict with national laws.

Step 4: Analyze the Interactions Between Different Legal Systems

• Many countries incorporate elements from multiple legal systems, creating hybrid models.
• Understanding these interactions can help in international law and human rights discussions.
• Recognize how globalization influences the adaptation of legal systems.

Conclusion

In summary, understanding the various legal systems worldwide provides valuable insights into how laws operate in different contexts. Recognizing the characteristics and functions of civil law, common law, religious law, and customary law enhances your legal literacy. For further exploration, consider looking into specific case studies or current events affecting these legal systems globally.