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Rafli Tirtabuana

350352/HK/19686

1) Understanding the sources of law:


Sources of law is everything that could lead to the
discovery of the law and the place of law, source of law
can be dividing into two aspects:
- Source of substantive law, the source of law that can be
seen from the factors that influence the content of a law.
- Formal source of law, the source of law can be seen from
the shape and formation of a law.
2) Sources of administrative law consists of:
- Source of substantive law, administrative law covering
factors that influence the material (contents) of the rules
of administrative law.
Factors affecting the content of administrative law, which
includes factors: Historical, philosophical, sociological,
anthropological, economic, religious, etc.
These factors influence the government in carrying out
acts of government, both in the act of making laws and
regulations and decision-making.
a. Historical factors / history
In a study of the development of administrative law there
are two forms of history as a source of law, namely:
- Act and applicable legal system written in the past
somewhere. Since there are elements that are considered
better then the government can be a matter of making
laws and enforced as a material for the positive law.
b . Sociological and anthropological factors
From the point of sociological and anthropological source
material law is a whole community, it highlights the
institutions in society so as to know whether the agency is
perceived as a law by the current social institutions.
c . Philosophical factors
- The size to determine that something is unfair because
the law is intended among other things to create justice,
then the things that are philosophically considered fair
used as a source of substantive law for administrative law.

Rafli Tirtabuana
350352/HK/19686

- The factors that encourage a person willing to comply


with the law. The law was created to be adhered to, so
that all the factors that can push a person to obey the law
must be considered in making the rules of administrative
law.
d . Economic factors
- Economic factors present in people's lives that are
arranged in the economic structure of society will affect
the rules of law.
- Economic factors that constitute the basis of a very real
effect so it can be used as a source of substantive law to
administrative law.
e . Religious factor
Legal sources of the religious factor are the holy book and
the journey of life as well as the companions of the
prophet and the opinion leaders of their religion.
- Formal legal sources of administrative law:
Formal source of law is the source of law in terms of the
shape and formation as a pre-requisite statute. The formal
legal sources of administrative law is:
- Act: In the case referred to the Act as a source of formal
law cover all products are legal in all shapes and how to
make it binding on all residents directly. In Article 7 of Law
no. 10 of 2004 on the establishment of government
legislation, the type and sort order legislation is as follows:
1. 1945
2. Law / PERPU
3. PP
4. Presidential Regulation, Regulation of the Minister of
5. Regulation (provincial/ city/ county)
- Conventions: Conventions as a source of law is the
practice of government officials. Unwritten conventions,
but it is important, given the administrative law always
moving and evolving and changes are required by the
situation at that time. (Example: the general principles of
good governance)

Rafli Tirtabuana
350352/HK/19686

Demands of a situation that often occur suddenly and


rapidly and offset by the birth of the conventions of
written law was used as a source of law.
- Jurisprudence: Jurisprudence is a state administrative
judge's decision (Administrative Court), which has then to
decide matters of state administration and already has
permanent legal force.
Born jurisprudence relating to the legal principle that a
judge may not refuse to hear the case brought before it.
The authority for judges to seek their own legal rules to
break, which caused the absence of the rule of law
pertaining to the subject of the dispute, so the judges dig
his own convictions based law in accordance with legal
values that exist in society.
- Doctrine: The doctrine is the opinion of legal experts.
Opinion of legal experts to give birth to theories in the
field of administrative law which can then be used as the
basis of the onset of the rules of law in administrative law.
The new doctrine can be a source of formal law when the
doctrine accepted by society without going through the
usual legislative process through jurisprudence. Instead,
the doctrine is no longer a formal source of law, when the
doctrine in question at some point no longer be considered
in accordance with the development of society no longer
apply the doctrine as a formal source of law without any
formal revocation.

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