Distribution of Various Laws in Indonesia

 

Types of Law in Indonesia

Next, discuss the types of law or what kinds of laws? C.S.T. Kansil explained that there are several divisions of types of law according to the following points (pp. 73-75):

According to the source:

Statutory law, which is contained in statutory regulations;

Customary law (adat), which lies within customary customary regulations;

Treaty law, which is determined by the state in an agreement between countries;

Jurisprudence law, namely the law taken from the previous judge's decision.

According to the shape:

Written law, consisting of what is codified and what is not codified;

Unwritten law (customary law).

By place of application:

National law, applies within a country;

International law, regulates legal relations in the international world;

Foreign laws, which apply in other countries;

Church law, the set of norms that the church establishes for its members.

According to the validity period:

ius constitutum (positive law), namely the law currently in force for a certain community in a certain area;

ius constituendum, namely the law that is expected to apply in the future;

Natural law, namely the law that applies everywhere at all times and for all nations in the world.

According to how to maintain:

Material law, namely law that contains rules governing interests and relationships in the form of orders and prohibitions. Example: criminal law, civil law;

Formal law, namely law that contains regulations governing how to implement and maintain material law, how to file a case in court, and how judges give decisions. Example: criminal procedural law, civil procedural law.

By nature:

Compulsive law, namely law which under any circumstances must and has absolute coercion;

The governing law, namely the law that can be set aside if the parties concerned have made their own rules in an agreement.

According to its form:

Objective law, namely law that applies in general in a country, regulates legal relations between two or more people regardless of certain groups;

Subjective law, namely law that arises from objective law and applies to a particular person or more. Subjective law is also called rights.

According to its contents:

Private law (civil law), namely the law that regulates the relationship between one person and another, focuses on individual interests;

Public law (state law), namely the law that regulates the relationship between the state and equipment or the relationship between the state and individuals

So, if asked how much is the law divided into? There are at least 8 divisions of various laws in Indonesia based on the matters mentioned earlier.