INTRODUCTION TO LAW

By:
G.Sri Nurhartanto

LAW & SOCIETY

Ubi Societas Ibi Ius
Law can not separate from the
society
Law is a part of the Social Norms
The Social norms :
a. Religious norms
b. Ethics
c. Courtecy / good manner norms
d. Law.

What is Law?
Law, in its generic sense, is a
body of rules of action or
conduct prescribed by
controlling authority, and having
binding legal force
(Blacks Law Dictionary six
edition, p. 884)

Law # Moral
Law
* A body of Rules
* Human of
conduct
* In the Community
* External Power

Moral / Ethic
*
*
*
*

A body of Rules
Human ofconduct
In the Community
Internal Power

Law
Law as a norm aim to the Peoples
Action
The principle : Cogitationis Poenam
Nemo Patitur
External Power
Normative and Attributive : Put The
Obligations and give the Rights
The Typically of Law.

Where does Law come from ?

Chambliss & Seidman

All Social & Personal interests

Legislative

Judicative

Law
Enforcement

* All Social & Personal Interests

Society /
Peoples

Rule Of Law / Rechtstaat

Law Derived from Formal
Authority : Constitutional !
Law as a supreme ( Supreme of
Law ) Rule of Law
Law is a tool of social
engineering (Roscue Pound)

The Characters of
Rule of Law

Dicey :

1. Human Rights is
stated in Act
2. Equality before
the Law
3. The supremacy of
Law / all
regulations,
Without inhuman
treatment &
others cruel

Kant & Stahl :

1. Human Rights is
acknowledged
2. The separation of
Powers
3. The government
based on Law
4. There is
Administrative
Court

4 Components of Rights
& Obligations :
1. Subject : Persons and
Corporate Bodies ( Private /
Public )
2. Object : Goods
3. Interaction / Relation :
Contracts ,etc.
4. Protection

The Sources of Law

1.
2.
3.
4.
5.
6.

There are 6 sources of National

Law :
Acts
Customs
Treaties
Jurisprudences
Doctrines
Contracts

The Sources of Law

In International Law :
1.International Conventions :
General or Particular
2. International Customs
3. General Principles of Law
4. Jurisprudences
5. Doctrines

Act
The main sources of law
The impact of influenced by
Civil Law System
Every State has an exclusive
jurisdiction to control over
the territory : to make Acts /
Regulations enforcement.
Based on Territory principle

The exemption of the

implementation of the territorial
principle

1.
2.
3.
4.
5.

The territorial principle shall not

implemented to :
A state / the head of state/ the head
of government
Diplomatic or Consular Agents
Public Vessels / Public Airplanes
The armed forces
Inter Governmental Organization

Jurisprudence
The subsidiary of source of law
Indonesia influenced by Civil
Law
Not depend on The Binding
Force of Precedence # In
Common Law System ( The
Binding Force of Precedence =
Judge made Law )

Contract / Agreement
Inter alios Acta : just to bind to
the Parties
The principle of Pacta Sunt
Servanda Good faith
Pacta Tertiis nec Nocent nec
Prosunt : No give obligations to
the third party

Validity of Agreement/
Contract

1.
2.
3.
4.

Article 1320 Civil Code for the

validity of an Agreement needs 4
qualifications :
The consent of those who bind
themselves
The capability to make an
agreement
A particular object
A lawful cause / a permissible
cause