Understanding Legal Sources, Types and Complete Examples

Definition of Legal Sources, Types and Examples – In this discussion we will explain about Legal Sources. Which includes the definition of legal sources, types or types of legal sources and examples of legal sources with complete and easy-to-understand discussions. For more details, please read the review below carefully.

Definition of Legal Sources, Types and Examples

Let's discuss the meaning of legal sources first.

Definition of Legal Source

In general, the source of law is everything that gives birth to law. Sources of law can also be referred to as the origin of law. Basically, we know that there are two sources of law, namely formal sources of law and material sources of law.

In other words, the source of the law is everything that can activate rules that have a coercive nature, that is, if they violate them, they will result in strict sanctions.

One theory teaches that the law has the sole purpose of achieving justice. According to this theory, the content of the law is solely determined by our ethical awareness of what is just and what is unjust. This theory was first put forward by the Greek philosopher Aristotle in the book "Ethica Nicomachea and Rhetorica" ​​which states "the law has a sacred duty, namely to give to everyone who has the right" accept it."

Various sources of law and examples

There are several kinds of legal sources which are divided into two types, namely material legal sources and formal legal sources. Here's a full explanation.

Material Law Source

Sources of material law are rules, norms or rules that are the source of humans to behave and act. Or another understanding of the source of material law is the place from which the material is taken.

A belief or legal feeling of a person or individual as well as public opinion that can determine the content of the law. That way it can be said that the factors that can influence the formation of law are one's legal beliefs or feelings and public opinion.

Source of Formal Law

The source of formal law can also be called an application of material law, so that formal law can run and be obeyed by all legal objects. The various sources of formal law are as follows:

Constitution

Laws are all rules that have binding legal force, which are guarded by the government of that country. Examples are such as: Laws (UU), Government Regulations (PP), Perpu and so on.

Habits

Habits are all kinds of behavior that are the same and carried out continuously so that it becomes a common thing to do. Examples are: Local customs carried out by way of hereditary which have become law in the area. Examples of habits that become a source of law for the community are as follows:

• Balinese customs/customs that oblige the cremation of corpses for people who have died or are called "Ngaben"
• The customs of the Batak people prohibit the exchange of brides between two clans in their marriage system.
• The customs of the Dayak tribe that require marriage to be carried out using an endogamy system, namely the system marriages that occur between families who are still in the same ethnic group related.

Jurisprudence

Jurisprudence is all kinds of judges' decisions from the past or the past on the same case, so that judges make decisions today. A judge can make his own decision, if the case being tried is not included in the rules at all in the law.

Treaty

Treaties are all kinds of agreements entered into by two or more countries. And the treaty has a binding nature between the countries concerned on the this treaty and automatically the treaty also binds citizens of the same country concerned. Examples of sources of treaty law in a country are divided into two, namely:

• Bilateral treaty: is a type of treaty or agreement formed by only two countries.
• Multilateral treaty: is an international agreement formed by many countries.

Doctrine

Doctrine is all kinds of opinions of well-known legal experts which are used as benchmarks or important guidelines or principles in law and its application.

Thus it has been explained about Definition of Legal Sources, Types and Examples Hopefully it can add to your insight and knowledge. Thank you for visiting and don't forget to read other articles.