Humans are social creatures. As social beings he
will be obtaining interact with fellow human beings. From the results of the
relationships and interactions with others that they form a social group that
is society. Interactions within the community there are 2 that interactions are
positive and negative interactions. Positive interaction would generate a
positive thing for the community as well. While the negative interaction will
produce a negative thing anyway. This can be gauged from the way people think,
how people assess which includes a positive or good it is, or the negative or
bad. If in a society already created a certain value in accordance with the
wishes and goals of that society, then by itself will form a norm.
A set of rules created for individuals to
conform to societal expectations. Although the actual rules were made as
described in the beginning, norms or rules that are already established itself
in the community as a measure. So in fact a rule of law that was already
existing and inherent in every individual. But usually it is ignored by an
individual. So the law can not be separated from society. Because the law
requires the legal community and the public need. If the law without law
society for what it was made.
The law exists and is formed from
within the community and of the community
it will form an
interaction and socialization
that will result
in a law.
Law is a term which does not have a
universally accepted definition but one definition is that law is a system of rules and
guidelines which are enforced through social institutions to govern behavior1.
The law shapes politics, economics, and society in various ways and serves as a
social mediator of relations between people. Whereas according to the legal
definition of utrecht is a set of life-guidance commands and prohibitions that govern the order in a society, and should be adhered to by
all members of the community
in question, and therefore a violation
of the instructions of life can lead to
action by the government or the authorities.
The existence of laws that grow and
thrive in the community is to have a goal to be realized. The goal is
etymology is something
to be achieved or realized by the law.
There are various opinions about Destination Experts Legal
According Thought.
And certainly even in a society
there is no official rule, there is always the
law in their lives. Society can
no rules but society
can not do without the law.
In his book entitled
“Bertamasya ke Alam Hukum”, that law is a collection of regulation which
consisting of norm and sanctions. Law aims to maintain order within human
socialization, so that safety and discipline are implemented well.
Prof. Dr. Mr. L.J. van Apeldoorn
In fact it is very
difficult to give a definition of the law. In his book “Pengantar Ilmu Hukum”,
he argue that it is impossible to give a definition of the law.
Prof. Mochtar Kusumaatmadja
Law is not only all of
the principles and rules which regulate the human living within society, but
also the institutions and processes that realize the norms in society.
J.C.T. Simorangkir, S.H.
dan Woerjono Sastropranoto, S.H.
In their book entitled “Pelajaran Hukum Indonesia” that law is a forcing regulations, which determine
the behaviour of human in society life that made by legal institution. A
punishment will be given to violation againts the law.
M.H. Tirtaatmadjadja, S.H.
In his book entitled “Pokok-Pokok Hukum Perniagaan” that law is
all of regulations that should implented in behavior within intercommunication
with a threat to indemnify. If the regulations are impinged, it will adverse
ourself or our property.
Drs. E Utrecht, SH
law is a set of commands to life guidance and restrictions that
govern the order in society, and should be adhered to by all members of the
community, and therefore a violation of the instructions of life can lead to
government action or the authorities.
The legislation that grown and developed in society is has
objective to be realized. There are various opinions about the legal reasoning
according to legal experts.
And certainly, though in a society there are no official rules,
there's always the law in their lives. Society can life without rules, but not without the law.
Prof. Dr. AchmadSanusi S.H.
The Meaning of Law or Legal Sense by Prof. Dr. Achmad Sanusi S.H.
In formal meaning, law is assemblage theorem which contains an
obligation and prohibition about rules in society, which is adopted by the
society themselves.
In material meaning, law have a lot of meaning, that is:
- Some people who adopted a the flow of natural law, theorems of law is a result from decree of God(Gods), and straight from God(Gods).There is a law which is suitable with nature, placed in human soul, some law which is immortal and cannot be changed to make people do their duty and make people afraid to do something bad. That law cannot be deleted by people, king, or Rome, control every nations and in every times. This natural law is have two things, religions and human mind. Natural law is from God and placed In human mind, or its from human mind which is being glorifield by the human themselves.
- In the flow of history, the content of theorems of law is grow, change, or delete by power in society themselves which is autorithy of economic, politic, church and decency.
- While in flow of Karl Marx, we know that content of theorems of law is determined only by an economics system amd the power which control factor or tools of production.
- In opinion from who adopted the flow of nation sovereignity, that is the content of theorems of law is determine and sourced from a will of nation.
- The flow of nation sovereignity was has been criticism by the flow of law sovereignity. According to H. Krabbe with his flow (flow of law sovereignity), nation is a juridical construction and because of that, a nation not have a will. The will is from government, and the government is a contain some people and the law is not from that people, its sourced from a feel of law in the society. A feel of law is a general human heeling, which is original, make a reaction by people action, exist on us as decency feeling, religion feeling. The problem is, a feel of law in every human kind is different, so Krabbe answer that the theorems of law is according to the quantity of the most of which theorems that is people more like about it.[i]
[i]Prof. Dr.
AchmadSanusi S.H., PengantarIlmuHukum Dan Pengantar Tata Hukum Indonesia
(Bandung: Tarsito, 1977), page 14-19.
Sources:
- Prof. Dr. AchmadSanusi S.H., PengantarIlmuHukum Dan Pengantar Tata Hukum Indonesia (Bandung: Tarsito, 1977), page 14-19.
- “Pokok-Pokok Hukum Perniagaan” by M.H. Tirtaatmadjadja, S.H
- “Pelajaran Hukum Indonesia” by J.C.T. Simorangkir, S.H. dan Woerjono Sastropranoto, S.H.
- “Pengantar Ilmu Hukum” by Drs. E Utrecht, SH
- “Bertamasya ke Alam Hukum” by S.M. Amin, S.H.
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