ALLAH SWT

A. LEGAL RELATIONSHIP

What is a legal relationship? .......

Law relationship is a relationship that terjadidalam community, both between subjects with legal subjects and between subjects with a body of law / legal object, which is governed by the law and the legal consequences of rights and obligations.

For example, marriage .. husband and wife legally binding rights and obligations arising from them.


B. PRINCIPLES OF LAW

Understanding Principles of Law?

The principle is a basic rule of law and legal principles are abstract and concrete regulations on the general background and implementation of the law.

In English, the word means'' principle'' principle. Whereas in Indonesian dictionary asas'yakni three terms:
Basic law
Basis (something that's a thought or opinion tumpuhan
Basic ideals.

concrete rules (like laws) must not conflict with legal principles, as well as in the judge's ruling, law enforcement, and legal systems.

The meaning of the principle of law according to some experts is:

Ø Bellefroid opinion, the principle of law is the basic norm of positive law set out by law and are not considered to be derived from the rules that are more common.

Ø Scholten van opinion, the principle is the tendency of law required by our moral views on the law and the common traits with all its limitations as a general trait, but that should not be not be there.

Ø Opinions van Eikema Hommes, the principle of law is not a concrete legal norms, but it is as basic general thoughts or guidelines for law.

Ø Opinions van der Velden, a principle of law is the type of decision is used as a benchmark to assess the situation or be used as guidelines for behavior.

From the above notions, we can take the conclusion that the legal principle is not a concrete law, rather it is thought that the general and abstract basis, or a background of rules contained in the concrete and behind every legal system is manifested in laws and invitation and the judge's ruling that a positive law and can be found by looking for common traits in these concrete rules.
Or more briefly, the principle of law is the background of the formation of a concrete law.

There are some fundamental differences between the principles and norms, namely:


A. The principle is the basis of a general and abstract thinking, while the norm is a real rule.

2. The principle is an idea or concept, while the norm is a description of the idea.

3. The principle of law has no sanctions while the norm to have sanctions.


Of course they are different, because the principle of law is the background of the existence of a concrete law, while the norm is the law of the concrete itself. Or it could be argued that the principle is the derivation of the existence of a norm.


C. FUNCTION AND OBJECTIVES OF LAW

What is the function of law and its purpose ......?

Law has the function of the discipline and regulate relationships in the community and solve problems that arise

More details, legal functions in the development community may consist of:


As a means of regulating the discipline of public relations: in a sense, the laws of human functioning which show good and bad, so that everything can run orderly and organized.
As a means to achieve social justice and unseen: because the law has sifata and characteristics that have been mentioned, then the law can give justice, in the sense can determine who is at fault, and who is right, to insist that the rules be adhered to with the threat of sanctions for offenders.
As a means of development: the binding force of law and can be used or utilized for moving the building. Here the law as a tool to bring people to a more advanced.
For a detailed determination of the allocation of authority who can do the implementation (enforcement) law, who should stick to it, who is choosing an appropriate and fair sanction: like the concept of state constitutional law.
As a means of dispute resolution: as an example persengekataan estate can be completed with the provisions of the law of inheritance which is set in the civil law.
Maintaining the ability of communities to adjust to the changing conditions of life, by the way redefined the essential relationships between the members of society.


And so understanding the relationship of law, legal principles, functions and purposes of law, the purpose of realization that there must be legal. In accordance with the number of opinions about the legal sense, the purpose of law is also there was a difference of opinion between the experts from other scholars. Here are some of the legal expert opinion about the purpose of law:



ROF. Lj. Van Apeldorn: The purpose of law is to regulate the discipline of the peaceful and equitable society. In order to achieve legal peace a just society must be created by holding the balance between the conflicting interests of each other, and each person must obtain (where possible) what they are entitled. Apeldorn opinion can be said a middle ground between the two theories aim of the law, ethical theory and utilitis.



Aristotle: The purpose of the law merely requires justice and the law determined by the contents of the ethical awareness of what is said to be fair and what is not fair.



Prof. Soebekti: The purpose is to serve the will of the state law that is bringing prosperity and happiness to the people. In serving the purpose of the state, law and order would give justice to its people.



Geny (Ethic Theory): The Geny with ethical theory, that the purpose of law is solely to justice. The purpose of law is determined by the elements of one's beliefs are considered unethical. Fair or not, true or not, are on the inner side of a person, become the foundation of this theory. Ethical consciousness that is on the mind of each person to be a measure to determine the color of justice and truth.



Jeremy Bentham (Utility Theory): According to Bentham with utility theory, that the law intended solely what is beneficial for the people. This opinion emphasis on things that are useful for many people and are generally without regard to fairness. So this theory specifies that the purpose of law is to provide the maximum benefit as much.



J.H.P. Bellefroid: Bellefroid combine these two extreme views. According Bellefroid, the content of law must be determined according to two principles, namely the principle of justice and utility.



Prof. J van Kan: The purpose of law is to safeguard the interests of each human being so that their interests can not be bothered. With this purpose, will prevent the occurrence of vigilante behavior towards others, because the action was prevented by the law.


A. Objective law

The objective of law is everything that the target of legal arrangement in which all the rights and obligations and the rule of law relating to the subject in it.

In general terms the objective of law is the law in a country generally and did not know people or certain groups, this law only regulates the relationship between two people hukm or more.



Suppose the economy objects, ie objects that can be obtained for humans require "sacrifice" once before.

This sacrifice and prosudur objects such acquisition that is the target of legal arrangements and the realization of the rights and obligations of the legal subject is concerned, so things are the object of the legal economy. In contrast non-economic objects excluding the object of law as to obtain non-economic items are not required to remember the sacrifice of these objects can be obtained freely.

Consequently, in this case nothing needs to be regulated by law. Because that would be non-economic objects excluding the object of law. Suppose the sun, rain, gusts of wind, water flow in a mountainous area that continues to flow through the rivers or waterways.

To get that all we do not have to pay or sacrifice any issue, given the infinite number and was always there. As with the economy things are limited and not always there, so it is necessary to obtain a certain sacrifice, for example through, payment of remuneration, and so forth.


Objective laws can be classified among other things:

a) Based on the source,

b) Based on the contents,

c) Based on the strength of force,

d) Based on his territory,

e) Based on its maintenance.

Based on the source, the source of law can be interpreted, among others:

a) The source of law in a historical sense,

b) Sources of law in a philosophical sense,

c) Sources of law in a sociological sense,

d) The source of law in a formal sense.

Based on the content of the law, among others:

a) Public Law

b) Legal privaat

Based on the strength of the enactment of law (sanctions), among others:

a) The law of forced

b) Additional Law

Based on his territory, namely:

a) National laws

b) International law

c) a foreign law.

Based pemeliharanya, namely:

a) Legal material

b) formal law.

B. Subjective law

Legal subject is a party which by law has to have the right / obligation / special powers over certain things.

Law may also arise from the subjective and objective laws apply to certain people or more, the law is also called the right.

Legal rights arising from the objective, namely:

a) absolute right

b) The right relative.

Absolute right, can be distinguished among other things:

a) basic fundamental human rights

b) The right of public apsolut

c) Some private rights.

Private rights, the buffer is distinguished among other things:

a) Public Rights of the relative

b) The right to a family relative

c) Rights of relative wealth.



In the legal sense of subjective (right) that more must be dihilankan course, this kind of supposition is a legacy of the opinion that giving place to the individual is more important than the subjective masyarakat.dikatakan the legal sense (right) it should be replaced with a sense of the social function of law. for example, property rights (eigendom) this does not mean absolutely free.


Basically the law can be distinguished on the subject:

a) Human



b) legal entities

Since the birth of each person must be subject to the law, a person becomes subject to the law at the time of death. Only after kematianyalah person ceases to be considered legal subjects.

Legal entity is an entity that is based on applicable law and based on the fact that the fulfillment of the requirements has been recognized as legal entities, ie entities that have been considered or classified as a resident legal subject so as to have equal footing with men, although, in the exercise and implement its obligations to do or be represented by the managers.



Examples of legal entity: PT (Company Limited), the Foundation, PN (State Enterprises), Testament (Bureau Company), and so forth.



C. legal events.

laws that are regulated by law disebuthubungan hukum.isinya there is an authority on something or someone to master to demand something from others to behave according to the existing authority in the science of law, authority or rights and obligations and rights can not be dipisahkan.isi obligation is determined by the rule of law hukum.aturan consists of events and consequences of the rule of law is referred to as such dihubungkan.peristiwa legal events.

Events of any act which the law is intentionally done that resulted in the emergence of the rights and obligations
By law, the law is divided into two events, namely:
A. One-sided legal events, is the only legal events caused by one party only. Example: making a will, making grants.
2. Events are two-sided law, the law is brought about by events two or more parties. example: the agreement, of the engagement.