Examples of Legal Norms: Definition, Types, Purposes
Legal norms in this country have a written nature and are commonly used as examples of legal norms that are quite concrete for people every Indonesian citizen in his attitude or behavior to impose sanctions on every perpetrator violators.
This legal norm can only be determined for its preparation by an institution or body that has the right to regulate relations between citizens. In addition, it is also instilled the nature of being obliged to regulate or coerce and will be punished if there is one who violates.
List of contents
Definition of Legal Norms
Legal norms are regulations drawn up by the government and official state institutions. These legal norms are binding on citizens so that if they are violated, they will receive sanctions commensurate with their actions.
Legal norms can be interpreted as legal rules that are used as rules of life that determine how humans behave in society. This rule of life is generally used so that everyone's interests can be protected.
Legal norms have an imperative nature and are also called coercive laws. While the facultative nature can be distinguished between legal norms that regulate and add. In addition, there are also mixed legal rules that force and regulate.
Read: Legals norm
Characteristics of Legal Norms
In its discussion, this legal norm has several distinctive characteristics, namely as follows:
- Contains rules for the community in carrying out their activities.
- Unintentionally made by the community and must be approved by the government.
- The rules must be obeyed that is binding on every citizen.
- Anyone who violates it will be punished.
Characteristics of Legal Norms
In general, legal norms have regulatory, coercive, and binding properties. These characteristics can be described, among others:
- Regulate: Legal norms contain various rules that are used to regulate human behavior in living daily life.
- Forcing: Legal norms contain rules regarding commands and prohibitions that are coercive and must be obeyed by everyone in it.
- Binding: Legal norms have various rules that are binding and apply to everyone. Everyone certainly has the same position in the eyes of the law, therefore everyone must obey the applicable legal regulations. Legal norms also bind everyone regardless of their respective backgrounds or positions.
Read: Miscellaneous Norms
Types of Legal Norms
In social life, legal norms are divided into two types, namely written legal norms and unwritten legal norms. These two types of legal norms have a position to enforce existing rules in society, but of course they are different in terms of delivery.
1. Written Law
As the name implies, 'written law' is a rule made by an authorized institution in written form. Written law can be in the form of sheets such as laws and government regulations, which have laws that are strong enough to be used in our lives.
This written law applies comprehensively and is binding on everyone in a country because it has been ratified in writing in the districts, provinces, sub-districts and villages. In addition, written legal norms are divided into two parts, namely as follows:
a. Criminal law
Criminal law is a variety of regulations that determine what actions should not be carried out and are classified as criminal acts.
This criminal law also regulates what laws can be given to violators of the crime. Usually in the form of severe sanctions and involve law enforcement.
Violators of the law can be subject to sanctions for causing losses, both material and non-material losses to the closest people and the wider community. Examples of cases such as robbery and murder of the owner of the house.
The perpetrator of the robbery who kills will be sentenced to prison and a fine in accordance with what is stated in the Criminal Code (KUHP).
b. Civil law
Civil law can be interpreted as part of written legal norms that contain rules for the benefit of individuals in the social group or society. The rights and obligations of each person are also regulated in it.
Generally, this civil law relates to personal issues that do not harm many parties or the wider community. As civil or private law, this civil law will apply in written or unwritten form.
For example, the problem of debts that do not involve the wider community. The loss is only felt by the individual. Violators of this law will usually be subject to sanctions in accordance with the rules contained in the civil law book, namely the Criminal Code.
2. Unwritten Law
Unwritten law applies to all members of society and is binding. However, this law is unofficially written into the state gazette which has legal force. Generally, unwritten law is easy to find in the life of the wider community.
The law will of course regulate the lives and activities of the people who are bound by laws that are not regulated on a written legal sheet.
Usually, the law will focus on beliefs that have been passed down from generation to generation to other law users with a narrower scope. Sometimes, this law changes according to the needs of the community because it is unwritten.
Not only that, the unwritten law also has provisions for sanctions for violators in the form of social penalties, fines, deductions or expulsion from their customary tribe. Usually, the authority in unwritten law is given to traditional leaders or traditional leaders.
Source of Legal Norms
The source of legal norms usually comes from regulations that have been previously determined by the competent government. Generally, the legal norms in our country are derived from the 1945 Constitution.
In compiling legal norms, there are various pre-written rules. Whether or not this written rule applies can usually be reaffirmed through the existing power tools in a country for example, such as prosecutors, police or judges.
Norms also have a nature that requires all members of society to be involved in it or every member of the community people must follow the rules that have been applied according to the law or those that have been made by the chairman custom. This of course will apply to all communities in the region.
The Process of Establishing Legal Norms
Community life usually consists of several individuals with different backgrounds. In order to have a more peaceful and peaceful community life, there must be norms that regulate it.
This is because norms will be used as a reference for carrying out daily life. This is the background for the formation of existing legal norms. The pattern of community life is quite diverse and the behavior of the community also underlies it.
In order for good values to apply objectively and not trigger division, legal norms are usually formed orally. However, as the times progressed, legal norms were made in writing.
This is so that the values can be used objectively. In the process of making legal norms in Indonesia, there are several stages known as laws.
Legal Norm Sanctions
Unlike other norms, legal norms usually have sanctions for those who violate them and are recorded in writing. Sanctions that exist in this legal norm can be in the form of punishment, fines, or social punishment. Well, these sanctions apply to every member of the community who violates these legal norms.
The imposition of sanctions for violators of the law aims to ensure that the community maintains order in social life. Sanctions are also made based on the articles imposed on violators.
In addition, legal sanctions for those who violate can be in the form of a crime, namely a verdict against a suspect through: a judge with a prison sentence, a fine, or the death penalty as stipulated in the Criminal Code Article 10.
Not only that, civil law that regulates legal norms can impose penalties based on declaratoir, condemnatoir and constitutief decisions. Below are the sanctions obtained for violators of legal norms in accordance with the applicable Criminal Code:
Example of Article 351 in the Criminal Code (KUHP):
- Persecution is punishable by a maximum imprisonment of two years and eight months or a maximum fine of four thousand five hundred rupiah.
- If it results in death, the perpetrator is threatened with a maximum imprisonment of seven years.
- With persecution is equated with deliberately damaging health.
- Attempting to commit this crime is not punishable.
- If the act results in serious injury, the guilty person is threatened with a maximum imprisonment of five years.
Read: Social norms
Examples and Violations of Legal Norms
1. Examples of legal norms in society
- Every Saturday, all mothers and their children who are still toddlers must visit the Posyandu to get vaccine action or further information regarding their children.
- Every citizen is obliged to pay taxes according to the provisions that have been set. Paying taxes aims to serve the interests of the state and fulfill the needs of the people.
- Guests who visit more than 1×24 hours must be reported to the local RT head.
- New residents in an area must report to the head of the RT and the head of the local RW.
- Each house must pay the RT cash contribution every month.
- Each family must send a representative, male over 17 years old to participate in the security system for security in the surrounding area.
- Every Sunday morning, local residents have to participate in community service within the RW.
2. Examples of legal norms in Indonesia
- Always obey traffic signs
Generally, the sanction given to violators is a fine in the form of a fine
- Always pay taxes on time
Generally, the sanction given to violators is to pay a fine
- Acts of crime
Generally, the sanctions given to violators are imprisonment and/or fines.
- Closed from article 339 of the Criminal Code:
Murder which is followed, accompanied or preceded by a criminal act, which is carried out with the intention of preparing or facilitating implementation, or to release themselves or other participants from the crime in the event of being caught red-handed, or to ensure that possession of the goods obtained by him against the law, is threatened with imprisonment for life or for a certain period of time, a maximum of two twenty years.
- Quoted from Article 1365 of the Civil Code
Every person who commits an unlawful act is required to compensate for the loss arising from his mistake.
3. Examples of legal norms in school
- Usually the legal norms in the school environment must be obeyed by all members who are bound by the school.
- Students are required to obey all the rules that apply at school.
- The length of the hair of male students is not prohibited beyond the collar of the school uniform.
- Students must wear uniforms neatly along with the required attributes in full.
- All students are required to attend the flag-raising ceremony every Monday morning without being late.
- Students are prohibited from skipping school.
- Before starting the lesson, students are required to pray together according to their respective beliefs.
- Students are not allowed to bring sharp objects to school.
- When not attending school, students are required to notify the school or send a letter of permission addressed to the homeroom teacher.
- Girls are not allowed to wear excessive makeup to school.
- Female students are not allowed to wear tight uniforms.
- Each class member is required to pay cash as a consequence of a mutual legal agreement.
- Every student in the school is prohibited from smoking.
- All students must come to school at least 15 minutes before the class bell rings.
- Every student is required to participate in one of the extracurricular activities at school.
- Students are not allowed to bring valuables to school.
4. Examples of legal norms at home
- Fellow family members are not allowed to abuse each other.
- In a family, it is not allowed to insult each other's family members.
- Each family member is not allowed to deceive one another.
- Family members are not allowed to come home late at night unless it is necessary.
- It is not allowed for family members to leave worship.
- Family members are required to obey the agreement that has been determined by the head of the family.
- Obliged to maintain the good name of the family.
- Every family member is obliged to carry out their rights and obligations properly.
- Family members are required to follow family customs that have been nurtured and maintained properly.
- Family members are obliged to take care of and use family facilities properly and not to damage.
5. Examples of legal norms in everyday life
- It is forbidden to say rude words between family members to each other.
- Family members are prohibited from committing acts of violence.
- The school is obliged to report to parents if something happens to the child.
- It is not allowed to go home late at night past the curfew that has been discussed and determined.
Based on the example, legal norms have their own groups. Among others are:
Legal norms in terms of regulated relationships
- Public law is a law that contains rules regarding the relationship between the state and citizens, for example: HTUN, HTN, Criminal Law
- Private law is a law that contains regulations governing the relationship between citizens and the state, such as civil law and commercial law.
Legal norms in terms of the scope of application
- Constitutum law is the law that applies today to certain communities in certain areas. In fact, there are legal experts who give the legal name of this constitutum as a legal system.
- Constitendum law is a law that can apply in the future or in the future
- Human law is a law that can apply anywhere at any time and applies to all people on this earth.
The above is an explanation of legal norms along with examples of legal norms that apply in society. As a good citizen, the rule of law must be obeyed if you do not want to be subject to sanctions which can be in the form of light to severe sanctions if someone violates them.