Term legal have the same definition as law. Component of legal system: Input --> Process --> Output, whereas Input consists of social institutions such as: police, prosecuter, judges. The Process component is the Court Institution. Meanwhile the Output is the form of sanction/sentencing.
What is Legal System? According of two scholars: Joseph Dainow and Merryman
-> Joseph Dainow: A legal system is a living organism which it breaches, grows, evolves as well as part of the life of the people for whom it functions.
--> Merryman: A legal system is an operating set of legal institutions, procedures and rules.
Classification of Legal systems: Civil law, Common Law, Nordic, Socialist, Far Eastern system, Slavic, Islamic, Hindu, Jewish and Black African. In the world today Civil and Common Law is two legal systems that is mainly use through-out many countries, because of the spread of colonial expansion.
Criteria use to classify legal system consists of four:
-> The historical background and development of the system.
-> Its characteristic (typical) mode of thought.
-> Its distinctive institutions.
-> The types of legal sources it acknowledges and its treatment.
-> Its Ideology.
Civil and Common Law have differences and similarities, what are they?
- Civil law was framed in france. Common law started in England.
- Common law varies from case to case depending upon the custom. Civil law has a predefined written set of statutes (act) and codes for reference.
- Judgement in common law varies. Civil law the judgement strictly follow the codification written in the book.
(If you want to purchase my writing in comparing both Civil and Common Law) *look at the contact to Hertama Arborea
PLURALISM OF LEGAL SYSTEM IN INDONESIA
Indonesia has legal pluralism from the beginning. In brief kinds of pluralism of legal system that is existed in the history of Indonesia are consists of: Adat law (Customary law), Islamic law and Civil law.
- Customary law: is a living law in the Indonesian society with their respectively -distinctive natives. It is unwritten law and the decision made over the judgements of a case is based on the decision of village chief.
- Islamic Law: exist in the 20th century, Indonesia becoming a heaven country for traders because of its geographical location, it is excellent for business and trades. The thought of Islamic law is spread by the Arabian trader through-out regions in Indonesia. As well as Islamic Law can be seen during the existence of Islamic Kingdom such as: demak, samudra pasai,etc. during that time.
- Civil law: exist because of colonial expansion by the Dutch. This law is written law which is written in codes and statutes.
Historical Legal system in Indonesia are consist of four era: Dutch era, Japanese era, Independence era, Reform era.
Legal Norm in Indonesia are based on Hans Kelsen's hierarchy of Norm theory and Hans Nawiasky's hierarchy of Norm theory: (Explanation below is order from the highest until the lowest)
- Pancasila (as the highest norm as well as the state fundamental norm)
- 1945 Constitution
- UU/PERPU ("a law in lieu of a law" or an "Interim Law")
- PP (Government regulation)
- Perpres (President regulation)
- Perda (Regional regulation)
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