8 Divisions of Law in Indonesia

PERTANYAAN

What are the different types of law? Please explain.

INTISARI JAWABAN

Answering your question about what the law is divided into, there are at least 8 divisions of law according to several things, including: according to its source, form, place of enactment, time of enactment, how to maintain, nature, manifestation, and content.

What is the list of laws in Indonesia?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of 8 Pembagian Macam-macam Hukum di Indonesia, written by Bernadetha Aurelia Oktavira, S.H., and published on Tuesday, 7 June 2022.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of Law

When in college for the first time majoring in law, most students are always asked about the definition of law by the lecturers. The answer or definition of law given by each student is different, depending on the perspective and way of interpreting.

Professor W.L.G. Lemaire quoted by C.S.T. Kansil in the book entitled Pengantar Ilmu Hukum dan Tata Hukum Indonesia explains that law is difficult to give an exact definition, because law has many aspects and forms, so it is impossible to fully encompass all aspects and forms of law in a definition (p. 36).

Furthermore, still from the same book, the law cannot be seen, however, the law is very important for society, regulating the relationship between members of society and others (p. 37).

J.C.T Simorangkir and Woerjono Sastropranoto define law as compelling rules, which determine human behavior in a community environment made by authorized official bodies, violation of which against these rules results in taking action, namely with certain penalties (p. 38).

Also read: Definition of Law and Elements of Law

Types of Law in Indonesia

Furthermore, discussing the types of law or what are the kinds of law? C.S.T. Kansil explains that there are several divisions of types of law, namely (pp. 73-75):

1. According to the source:

1. Statutory law, which is contained in legislation;
2. Customary law (adat law), which is contained in customary regulations;
3. Treaty law, which is established by the state in a treaty between states;
4. Jurisprudential law, which is law taken from previous judicial decisions.

 

2. According to its form:

1. Written law, consisting of codified and uncodified;
2. Unwritten law (customary law).

 

3. According to the place of enactment:

1. National law, applicable within a country;
2. International law, governing legal relations within the international community;
3. Foreign law, which applies within another country;
4. Church law, a collection of norms established by the church for its members.

 

4. According to the time of enactment:

1. Ius constitutum (positive law), which is the law that currently applies to a certain society in a certain area;
2. Ius constituendum, which is the law that is expected to apply in the future;
3. Natural law, which is the law that applies everywhere at all times and to all nations in the world.

 

5. According to the way of maintenance:

1. Material law, which is the law that contains rules governing interests and relationships in the form of orders and prohibitions. Examples: criminal law, civil law;
2. Formal law, which is the law that contains regulations governing how to implement and maintain material law, how to file a case in court, and how judges give decisions. Examples: criminal procedure law, civil procedure law.

 

6. According to its nature:

1. Compelling law, which is a law that under any circumstances must and has absolute coercion;
2. Regulating law, which is a law that can be overridden if the parties concerned have made their own rules in an agreement.

 

7. According to its manifestation:

1. Objective law, which is the law that applies generally in a country, regulates legal relations between two or more people regardless of certain groups;
2. Subjective law, which is the law that arises from objective law and applies to a particular person or more. Subjective law is also called rights.

 

8. According to its content:

1. Private law (civil law), which regulates the relationship between one person and another, emphasizing individual interests;
2. Public law (state law), which is the law that regulates the relationship between the state and its equipment or the relationship between the state and individuals.

Also read: The Definition of Ius Constitutum and Ius Constituendum

Therefore, when asked how many divisions of law are there? There are at least 8 divisions of law in Indonesia based on the things mentioned earlier.

These are the answers we can provide, we hope you will find them useful.

Reference:

C.S.T. Kansil. Pengantar Ilmu Hukum dan Tata Hukum Indonesia. Jakarta: Balai Pustaka, 1989.