Law exist in society, therefore the term Ubi Societas Ibi ius is used, which mean "if there is society, there will be law that is valid in that society". Science of law or in other word jurisprudence in Indonesian language is translated to be "Ilmu Hukum". The term "Jurisprudence" according to various scholars are as follow:
a.) Fredric M. Goadby: Jurisprudence mean knowledge of law = learning the law.
b.) L.B. Curzon: Juris mean just, right or law and prudence mean foreseeing.
c.) Lili Rasjidi: define Jurisprudence as knowledge of law.
The Development of Jurisprudence according to scholar George W. Keeton:
a.) Jurisprudence as a knowledge of law.
b.) Jurisprudence has a scope of: to analyse, to classify and to discover the general principles underlying a collection of legal rules.
c.) Jurisprudence: as the study of the nature and function of law aiming ultimtely at the explanation of the nature of justice.
SCIENTIFIC SCHEMA OF LAW according to Van apeldoorn:
1.) Art of Law (de rechtskunkst)
a.) Legal drafting (de wetgeving)
b.) Court system (de recthspraak)
c.) Dogma of law (de rechtsleer)
2.) Science of Law (de rechtswetenschap)
a.) Sociology of law (rechtsociology)
b.) History of law (rechtsgeschiedenis)
c.) Comparative of law (de rechtsvergelijking)
3.) Philosophy of law (de rechtsphilosophie)
Legal drafting in Indonesia in procedural method are as follow:
House of representative (DPR), House of regional representative (DPD) as well as President together made and discuss the layout or rough draft of the bill, then it is the responsibility of House of representative (DPR) to give the validity of the given bill, after it is proven by the House of representative (DPR) the given bill then being exam by the scholars and non-governmental institution and if it is feasible the bill become valid in the society.
THE OBJECT OF STUDYING THE LAW:
1.) Legal Norm: Legal norm found in society and have the characteristic of passive and active when it is subjected to an applicable law. Legal norm consists of: principle, norm and regulation. The different between principle and norm: Principle have sanction meanwhile Norm doesn't have any sanction because norm can be imply either written or unwritten.
2.) Legal system: different society must be used different legal system.
3.) Rechtsvinding.
DIVISION OF LAW
1.) Source: material and formal.
2.) Substance: public and private.
3.) Promulgating: ius constituendum (future) and ius constitutum (now).
4.) Sanction: forcing and regulating.
5.) Locus (place): national and international.
6.) Function: material and formal
Division of law according to Hans Kelsen is divided into 4 sphere:
1.) Sphere of time.
2.) Sphere of space.
3.) Personal sphere.
4.) Material gebeid.
THE FUNCTION OF LAW:
a.) Law as a social control: meaning that it is control over the behavior intended as to get an order. In here, norm is consider as a scenario: human life has to conduct as an existing norm. Law as a social control also has a sanction which is determined by an authority body and it has to be maintained by law enforcers.
b.) law as a tool of social engineering (Roscoe Pound): to create an intended behavior of the society.
c.) Law as a tool to integrated social life: could be part of (a) or the continuing of (b).
LEGAL PRINCIPLES:
- Legal principle is the broad reason, which lies at the base of rule (C.W. Paton, 1969).
- Legal principle is a reason why legal norm exist.
PURPOSE OF LAW:
1.) Justice (Philosophy of law)
a.) Corrective Justice: corrective justice mean what law is use in particular society, punishment given would be different between one society to the other, because depend on the law use and exist. Example - If A kill B, the punishment would be given can be in a form of jail or death sentence or even fine. Now if we use the Islamic law A would be punish in a form of death sentence, meanwhile if we use customary law A would be punish in a form of fine.
b.) Distributive Justice: distributive justice mean that burden/risks and benefits are divided and regulated equally within and for the sake of the society.
2.) Legal Certainty (Positivism - law that exist in the society)
a.) certainty because of law.
b.) certainty within from a law - has to be regulated by act.
3.) Utility (sociology of law): answering the question of "does the law have the function in society or not?"
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