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Function, Element, Nature & Classification [LENGKAP]

Definition of Law

In your opinion, what is the meaning of the word law? Well, in general the notion of law is a system of regulations whose contents are norms and sanctions, it has a purpose to be able to control human actions, to maintain justice and order, and also to prevent the existence of chaos.

In addition, other legal understandings are provisions or regulations that are deliberately made in writing or not. Where the contents of these provisions are useful in order to regulate life in society and there will also be penalties for those who have violated these rules.

The purpose of other laws is to be able to protect everyone for abuse of power and also to uphold justice. The existence of the law of a country, then every individual in that country has the right to obtain justice and defense before the applicable law.

 Definition of Law According to Experts

If the above is a general understanding of law, then there is also a legal understanding of experts. Following is the legal understanding according to several experts:

1. J. C. T. Simorangkir

J. C. T. Simorangkir assumes that the notion of law is a rule that has a compelling nature and also determines all human behavior in social life, and the regulation is made by institutions that have authority.

2. Plato

Plato assumed that the notion of law was all regulations that had been arranged well and regularly, which had binding characteristics, both to the judge and the public.

3. Prof. Dr. Van Kan

Prof. Dr. Van Kan considers that the notion of law is all of the rules of life that have a compelling nature, which has the purpose of being able to protect individual interests in community life in a country.

4. Prof. Dr. Mochtar Kusumaatmadja

Prof. Dr. Mochtar Kusumaatmadja thinks that the notion of law is all rules and also desires that are useful for being able to regulate living relationships in people's lives. Which has the purpose of being able to maintain order that is carried out from several institutions and also through a process. It has uses to realize the official rule as a reality that exists in society.

5. S. M. Amin

S. M. Amin assumes that the notion of law is a group of rules in which the norm and also punishment. Which is where the rules have the purpose of organizing order that is in individual association in a society. And which later order and security can be maintained and maintained.

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Legal Functions

 Legal Function

Guided by legal notions above, any form of legal function can be formulated. Here is a legal function that you can see below:

  • For a protection surely you all agree from this one function that the law is in charge of protecting a person from dangerous threats.
  • For a justice ]not only functions as protection, other legal functions are as guard, protector and can also buy someone to feel just.
  • For the construction of in a development on a country the law can be used for asuan of the objectives of the country.

If the above are the basic functions of law, the eyes below are legal functions in general:

  • A law has a function that can protect the interests of a human.
  • A law has function to be a tool that is useful for curbing and regulating the community.
  • A law has a function to be a media so that it can at realizing social justice.
  • A law has a function to be a driving force of development.
  • A law has a function to be a tool of criticism.
  • A law has the function of completing fights.

Elements Legal Law

 Legal Elements

A law also has several elements in it. And below are elements in the law:

1. Every Law Is Intentionally Made By Authorities

Law is not an arbitrary matter that can be made by anyone. But for an authorized institution or official institution, law can be made. Examples of that are Criminal Code or the Criminal Code which was deliberately created by a country. The authorized institution is the Legislative Body.

2. Penalties for Violating the Law

In a law, it must have been explained about the rules and sanctions or penalties that can be imposed on violators. There are a number of punishments or sanctions that can be given to anyone who intentionally violates a law, and can be adjusted to the rules contained in a law that has been agreed upon beforehand.

Such penalties or sanctions can be carried out in an example, imprisonment dead and also social sanctions. For example, a person who is a suspect in a corruption case, and the suspect will be given a sanction in the form of a prison sentence in accordance with the verdict that has been carried out.

3. Managing the Behavior of Everyone

The first purpose of law is to be able to regulate a person's behavior in social life. This means, every behavior in human communication to society has been regulated in a law.

4. Regulations Have Ownership

Law is a rule that has a compelling nature. Therefore, every person in a society is obliged to be able to obey the applicable law and if it violates it will get punishment or sanction.

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Legal Classification

 Legal Classification

There are 8 categories in the law, and here are 8 legal classifications found in Indonesia:

1. The law is classified from its contents

  • Public law is a law that can regulate a relationship of everyone in society and the state and has an important relationship with a public interest. For example, namely criminal law.
  • Private law is a law that can regulate a relationship between human beings based on their interests. For example, commercial law.

2. The law is classified from its source

  • Law of the Law (Law) is a law that is already in law.
  • Law of the treaty is an agreement which has been made between the two countries or more in the field of data.
  • Doctrinal law is a statement that can be made based on the opinion of a person or group of experts from the law and has also been agreed by all parties.
  • Customary law is a law has been made based on customary rules in a region.
  • Law of jurisprudence is a law that has been made based on the decisions of the previous judge with the aim that the same case can be resolved.

3. The law is classified from its form

  • Written law is a law that exists in several statutory books.
  • Written law is an official law in the community and must be obeyed, even though it is not written .

4. The law is classified from its place

  • International law, is a law that can regulate relations between one country and another in the international world.
  • National law is legal and only within in a country.

5. The Law classified from its Time

  • Ius constituendum is a law that is still expected to be valid for the future.
  • Ius constitutum is a positive law and applies now to a particular society within a certain region
  • Basic law is a natural law that can apply in all places, times and also all nations in this world.

6. Law is classified from the way to defend it

  • Formal law is a law that can regulate how to carry out a material huum.
  • Material law is a law that can regulate which interests and relationships its form is a prohibition or an order.

7. The law is classified from its nature

  • The law governing is a law that can be ruled out if the parties concerned have their own rules.
  • Laws that force are laws which have a compelling nature and also absolute.

8. Law is classified from its form

  • Subjective law is a law that applies to certain parties only, or can be called a right.
  • Objective law is a law that is in a country and applies in general.

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Nature of Law

 Nature of Law

Judging from the legal definition above, it can be concluded that law also has properties. The characteristics of the law are as below:

  • Having the Forcing this characteristic arises because the law has the authority to be able to force the community to obey it. If a citizen violates the law, sanctions will be imposed.
  • Having the Nature of Protecting this characteristic arises because the law is deliberately made to protect the rights of each individual, and can also maintain the same balance between certain interests.
  • Has a Regulatory Trait this trait arises because the law has a number of regulations that are good in the form of orders or prohibitions. It can regulate human behavior in living a social life to create an orderly atmosphere in the midst of society.

Thus the article discusses the notion of law and some important things in it. Hopefully this article can broaden your knowledge. And hopefully this article can be useful.

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