Public Law: Definition, Types, Characteristics and Division of Law

Public Law: Definition, Types, Characteristics and Division of Law – Law according to its content is divided into two, namely public law and private law. On this occasion About the knowledge.co.id will discuss what is Public Law and things about it. Let's look at the discussion together in the article below to better understand it.

Public Law: Definition, Types, Characteristics and Division of Law

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Public law is a series of rules that regulate how the relationship between citizens and their country concerns the public interest.

Law is a series of the most important system to the series of state power. The purpose of the law is to protect the public from various kinds of useless fraud risks. Includes fraud in politics such as general elections or the economy such as a company's profit and loss.

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Types of Public Law

Public law includes 4 types of law viz

There are several laws related to public law, including constitutional law, state administrative law, criminal law, public international law. The description is as follows:

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Constitutional law.

regulates the form and structure of a state as well as the relationship of power between the state apparatus and one another the relationship between the central government and the regions (pemda). According to experts, the meaning of constitutional law is as follows following :

• Van Vollenhoven

The Constitutional Law governs all superior legal communities and subordinate legal communities according to their levels and from each of them determines the area of ​​the community environment. and finally determine the bodies and their respective functions in power within the legal community and determine the composition and authority of these bodies.

• Kusumadi Pudjosewojo

Constitutional law is the law that regulates the form of the state (unitary or federal), and the form of government (kingdom or republic), which shows the legal community that is superior or subordinate. subordinates, along with their levels (hierarchies), which then legitimize the territory and environment of the people from these legal societies and finally show the tools equipment (who holds the authority of the ruler) of the legal community, along with the composition (consisting of one or a number of people), authority, level of balance between and among the instruments that equipment.

• J.R. Stella

Constitutional law is the law that regulates the authorities and obligations of state apparatus, regulates the rights and obligations of citizens. [AdSense-B]

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State Administrative Law.

State Administrative Law is a legal regulation regarding administration in a country, where the relationship between citizens and their government can run well and safely. In another sense, State Administrative Law is regulations regarding all matters relating to state administration by the state apparatus in order to achieve state objectives regulate how to carry out the duties (rights and obligations) of the apparatus power country;

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Criminal law.

regulate prohibited actions and provide punishment to anyone who violates and regulates how to submit a case before the court (criminal referred to here includes the procedural law Also). Paul Schlten and Logemann consider criminal law not public law.

Regarding what punishment can be imposed on someone who has been guilty of violating the provisions in criminal law, Article 10 of the Criminal Code determines the types of punishment that can be imposed, namely as following:

• Death penalty, regarding the death penalty there are countries that have abolished this form of punishment, such as the Netherlands, but in In Indonesia, the death penalty is sometimes still enforced for several sentences, although there are still many pros and cons against the sentences This.
• Prison sentences, prison sentences themselves are divided into life imprisonment and temporary imprisonment. Temporary imprisonment of at least 1 year and a maximum of 20 years. The convict is obliged to stay in prison for the duration of his sentence and is obliged to do work inside and outside the prison and the convict does not have the right to use his fist.
• Imprisonment sentences, these punishments are not as severe as prison sentences and are imposed for minor crimes or violations. The difference between a prison sentence and a prison sentence is that the convict cannot be detained outside his place of residence if he does not want to whereas prison sentences can be imprisoned anywhere, the forced labor burden on prison convicts is heavier than work that must be carried out by convicts in prison and convicts in confinement have the right to change their fate (the right to improve their fate) while those sentenced to imprisonment do not thereby.
• Fines, in this case the convict may choose between fines and confinement. The maximum imprisonment for a fine is 6 months.
  Punishment of closure, this sentence is imposed based on political reasons against people who have committed crimes that are punishable by imprisonment by the Criminal Code.

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International law

According to international law experts, international law has the following meanings:

• Prof. Dr. Mochtar Kusumaatmadja

All the rules and principles governing relations or issues that cross national borders between countries

• J.G Starke

A body of law which mostly consists of principles. Therefore, international law must be obeyed by countries around the world in establishing international relations.

• Wirjono Prodjodikoro

Laws governing legal relations between various nations in various countries

• Ivan A. Shearer

A body of laws that mainly govern the principles and rules that countries must comply with.

• Hugo de Groot

Laws based on free will and based on the agreement of some or all countries for the sake of achieving the common interests of the countries involved in it

• Rebecca M. Wallace

Rules and norms governing the actions of states and other entities that exist at any given time recognized as having an international and individual personality, in terms of one-to-one relationships other.

There are 2 international laws viz

• International Private Law, the law governing the law between citizens in a country and citizens in other countries related to international relations.
• International Public Law, the law that regulates relations between one country and another in international relations

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Characteristics of Public Law

There are several characteristics of public law, including:

A state acts for common goals or common interests.
Hierarchically governed by the authorities.
Much to do with the state or society with individuals.
Contains many political elements.

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Various Kinds of Legal Division

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Law according to the source

• Statutory law, namely the law contained in statutory regulations.
• Customary law, namely the law that lies in customary rules.
• Treaty law, namely the law established by the States in a State agreement.
• Jurisprudence law, namely the law that is formed because of a judge's decision.
• Doctrinal law, namely law formed from the opinion of a person or several well-known legal scholars in the science of law.

Law according to form

• Written law, namely the law contained in various laws
• Unwritten law (customary law), namely law that still lives in people's beliefs, but is not written, but its enactment is obeyed like a statutory regulation.

The law according to the place of application

• National law, namely the law that applies in a country.
• International law, which regulates legal relations in the international world.

Law according to the time of effect

• Ius constitutum (positive law), namely the law that applies now to a certain community in a certain area.
• Ius constituendum, namely the law that is expected to apply in the future.
• Basic law (natural law), namely law that applies everywhere at all times and for all nations in the world.

The law according to how to maintain it

• Material law, namely law that contains rules governing interests and relationships in the form of orders and prohibitions.
• Formal law, namely the law that contains rules governing how to implement material law.

Law by its nature

• Compulsive law, namely law which under any circumstances has absolute coercion.
• The governing law, namely the law that can be set aside if the parties concerned have made their own rules.

Law according to its form

• Objective law, namely the law in a country generally applies.
• Subjective law, namely law that arises from objective law and applies to certain people or more. Also called rights.

Law according to its contents

• Private law, namely the law that regulates the relationship between people with one another with an emphasis on individual interests.
• Public law, namely the law that regulates the relationship between the state and its equipment or the relationship between the state and citizens.

Thus the review from About the knowledge.co.id about Public law, hopefully can add to your insight and knowledge. Thank you for visiting and don't forget to read other articles.