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4+ The Main Legal Elements + Explanation [LENGKAP]

Law is the rules about the activities of human life that are coercive and there are sanctions in their violations. As citizens of Indonesia, we are familiar with the term law.

Because in the 1945 Constitution article 1 paragraph (3) it has been stated that "Indonesia is a legal state". So that all aspects of people's lives in the nation and state must be based on the prevailing legal norms [199005].

Which law is used as a way out in solving problems that occur between individuals or groups, both society and the state . On this occasion, we will discuss the legal elements along with their explanations. Let us refer to the following description!

Legal Elements and their Explanations

In general, the elements that cover the law are four, namely:

  1. Regulations governing people's behavior in their social life
  2. Regulations stipulated by authorized official bodies
  3. Forcing regulations
  4. Regulations have strict sanctions for violators

1. Regulations governing people's behavior in their social life

 First Legal Elements are Society

Humans are created as social beings, where they need other people to survive. Therefore, there are interactions that must be made with each other. In interacting each individual acts according to their position, social status, and the role they have each. Human action in this interaction [19459955] is always based on values ​​and norms that apply in society.

Laws are rules about activities of human life that are coercive and there are sanctions in violations. From the definition of law, it is clear that the law regulates human behavior in all aspects of social life.

Law has lived, grown and also developed with the community. With the existence of the law, it is expected to be able to create justice, comfort, order, peace, peace, prosperity, and happiness for the people.

2. Regulations are stipulated by authorized official bodies

[1945Constitution

Determination or ratification of the law can only be done by certain parties who have authority with a predetermined agreement. Therefore, not all parties can do this.

In the table below there are parties who are authorized to stipulate / ratify legislation, as follows:

No. Types of Regulations [19659020] Authorities Establishing / Ratifying Discussion
1. [1945Constitution(UUD1945) People's Consultative Assembly (MPR) consisting of members of the House of Representatives and members of the Regional Representative Council Is the Foundation of the Republic of Indonesia
2. Decree of the People's Consultative Assembly / Decree of the People's Consultative Assembly Stipulated by the People's Consultative Assembly (MPR) It is a form of decision by the People's Consultative Assembly (MPR) [19659023] 3. Government Substitution Laws / Regulations (Perppu) Stipulated by the President This is a statutory regulation stipulated by the Preside n in a precarious event
4. Government Regulation (PP) Stipulated by the President It is a Government Regulation that is used to enforce the Law properly
5. Presidential Regulation (Perpres) Regulations made by the President These are the Regulations used to implement Government Regulations
6. Provincial Regulations (Provincial Regulations) Formed by the Regional People's Representatives Council (DPRD) with agreement with the Governor It is a regulation used in the framework of implementing regional autonomy and co-administration and accommodating special conditions in the province
7. District / City Regulations (District / City Regulations) Formed by the House of Representatives Regional People (DPRD) with the agreement of the Regent / Mayor It is a regulation that is used in the framework of implementing regional autonomy and tuga s assistance and accommodate special conditions in the Regency / City

3. Forcing regulations

 The third legal element is the regulation

What is meant by the nature of law that is compelling, that is, all people must obey the applicable legal regulations under any circumstances.

to defend themselves, but after being considered it turns out that the act has violated the applicable law, then the perpetrator will be subject to strict sanctions based on the established law.

This is what distinguishes the law from other social norms. With this compelling legal nature, it is hoped that the people will be able to uphold the law properly and not violate it.

4. Regulations have strict sanctions for violators

 Legal Elements are Criminal Sanctions

Because of the compelling nature of the law, there are sanctions in violations. This sanction is regulated in a law that has been determined by the authorities. Legal sanctions are stricter than other norms. There are several types of legal sanctions, including:

A. Criminal sanctions

Criminal sanctions are sanctions given for carrying out acts that are prohibited and included in criminal acts. These sanctions can be in the form of capital punishment, prison sentences, imprisonment or fines. And there are additional penalties in the form of revoking certain rights, seizing certain items and announcing the judge's decision.

B. Civil sanctions

Civil sanctions are sanctions given for violations of civil law. Civil sanctions decided by a judge can be:

  1. Condemnatory decisions, namely decisions that punish the losing party for fulfilling its obligations / achievements.
  2. Declaratory decisions, namely decisions that create a lawful condition.
  3. Constitutive ruling, i.e. a decision that removes a legal situation by creating a new legal state.

C. Administrative sanctions

These sanctions are imposed for administrative violations or administrative provisions. For example, fines, freezing to revocation of certificates and / or permits, and temporary suspension of service administration [1945955] to a reduction in production allotments.

Those are some sanctions given for violating the law. With this sanction, it is expected that it can raise awareness for the perpetrators of the violations and not repeat the same actions in the future.

Hopefully the description of the legal elements along with the explanations above can help friends in understanding what is law. So that we can enforce the law well and not violate it. Because all of our actions are inseparable from the applicable laws.

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