What is Law ?

I. Definition from Dr. O.Notohamidjojo, SH :

• Complex rules those written or unwritten;

• Come into force to human behaviour in the society;

• Valid in every environment in society life ( citizen in a state or between states);

• The Purpose : to make justice and peace of life.

II. Definition from HMN. Purwosutjipto, SH :

• The whole norm;• The man in Authority consider that law as

a rule to enforce to a part or the whole member of society;

• The purpose : to guarantee comfortable condition for him.

III. This definition is the same with universal law definition.

Law definition is not important

Why?

• It can be misinterpretation or different definition;

• Sometimes it’s not the same between the law as a theory with the law in action;

• There are differences arguments and changes about law definition from the expert/professor at Law.

THE SCOPE OF LAW( By : LOGEMAN )

• Private Scope : to who and whom the law come into force;

• Period Scope : when the law come into force;

• Territory Scope : The territory of law ( where the law come into force )

• Circumstance Scope : what things as an object of law.

Law definition from most of people :

1. Law as a knowledge2. Law as a dicypline3. Law as a norm4. Law as a legal science5. Law as a tools for a government6. Law as a decision of a government7. Law as a process of government8. Law as a constant behaviour/normal behaviour9. Law as a link of value

THE PURPOSE OF LAW

• Basic purpose :

to make an orderly and balances in society.

• To divide right and duties

• To divide competences

• To arrange haw to solve legal problem

• To maintaince the certainty of law

KIND OF LAW PURPOSE

1. Ethic Theorya. Geny : Just for justice. Content of law depend on our “ ethic

concept ” about fair or not;b. Aristoteles : Distributive Justice. People get fairness depend on their education, character, wealthy, etc, from the man in authority;c. Commutative JusticeThe judge considers everyone has the same condition without think about their background.

2. Utilities Theory ( by Jeremy Bentham ) The law has purpose to give happiness for most of people.3. Mixed Theory a. Mochtar Kusuma Atmadja Law is an orderly. The differences between content and size of law depend on society and period b. P.Purbacaraka & Soerjono Soekanto The peaceness and the calmness of individual c. Van Apeldoorn To arrange people with peaceness d. Soebekti To make prosperity and happiness for the people

SOURCES OF LAW

1. A MATEREEL MEANINGDepend on the factors that formed it, example :

• Economic Structure and Geologyst need of society ( natural resources, form of geologyst, development of corporate and job description).

• The custom , constant and obeyed rule in a society

A. FORMAL MEANINGDepend on procedure or formula ( how it is made )Divide to :a. Written formal : Act, Treaty and Jurisprudenceb. Unwritten formal : decision of an author ( from the content, it has power to enforce people in society ).

• The rule that common and valid in society• The rule of foreign law• The conviction about religious and morality• Law awareness

DIVISION OF LAW

1. State Law : Constitutional Law Administration Law

2. Civil LawA. Materiel :

- Private Law- Materialism Law ( movable and unmovable

material/ Agrarian Law ) - Contract/ Business Law

- Family Law- Heritage Law

B. Formal : HIR/RBG ( The Codes of Civil Procedure )3. Criminal Law

Materiel : The Criminal CodesFormal : The Codes of Criminal Procedure

4. International Law - Private To learn about relation with foreign

elements - Public

To learn about relation among nation or state between state/ international organization.

HIERARCHY OF REGULATION

1. Constitution of 1945

2. Decree of House of People

3. Act/ Government Regulation replaced the act

4. Government Regulation

5. Presidential Decree

6. Ministrial Regulation

7. Ministr Instruction

8. Etc.