Private law defines who is considered to have legal capacity and deals with their legal capacity (for the protection of the very young or mentally ill). These natural persons may create other “artificial” legal entities such as associations, foundations and companies. Similarly, the joy or dissatisfaction of a legal dispute is part of the legal culture. The so-called legal culture is therefore nothing more than a set of factors that determine how the legal system takes its logical place within the framework of the culture of the general public. The legal structure is the institutionalization of legal persons. An example of this is the power structure of the courts (in Indonesia), consisting of the First Level Court, the Court of Appeal and the Court of Cassation, the number of judges and the integrated judicial system. Selain itu, juga dikenal adanya Peradilan Umum, Peradilan Agama, Peradilan Militer, Peradilan Tata Usaha Negara, dan Peradilan Pajak. Selanjutnya Friedman menegaskan bahwa hukum memiliki elemen pertama dari sistem hukum, antara lain struktur hukum, tatanan kelembagaan, dan kinerja lembaga. Private law is the common term for the broad field that deals with legal relations between people. It deals with pure status issues (marriage, divorce, kinship, etc.); matters concerning property of any kind (property, estates, contracts); and commercial activities in the broad sense. Its essential feature is that participants are considered legally equal (unlike the public law structure, in which relationships are hierarchical), so that one cannot give orders to the other, unless this is permitted by a previous contractual or family agreement. Private law serves to reduce the cost of legal transactions by providing a set of models that citizens can use if they wish.
However, private parties are also free to modify these templates (i.e. to modify a contract before it is signed). A system of pure customary law is created by the judiciary, since the law derives from case law and not from the law. Therefore, a common law system places a strong emphasis on judicial precedent. However, a purely civil law system is governed by statutes and not by case law. Issues of legal culture cannot be addressed in a single institution, but must be addressed simultaneously and across ministries, and dealt with jointly with all law enforcement officials, the community, professional associations, legal education institutions and citizens at large. The role of community leaders, academics, educators and religious leaders is very important in building a legal culture.*** Since law enforcement should be a container for people`s aspirations, it is actually a real enemy of society, watch it now that the community no longer trusts extensions of law enforcement in this country. 3. Legal culture This legal culture is also interpreted as an atmosphere of social spirit and power that determines how the law is used, avoided or abused. In addition, Friedman formulated legal culture as attitudes and values related to the law and the legal system, as well as attitudes and values that influence both positive and negative behavior toward the law.
2. Legal structure (legal structure) Legal structure, that is, a framework of permanent forms of the legal system that keeps the process within its limits. Struktur terdiri atas: jumlah serta ukuran pengadilan, jurisdiksinya (jenis perkara yang diperiksa serta hukum acara yang digunakan), termasuk di dalam struktur ini juga mengenai penataan badan legislative. Scotland, Louisiana, Mauritius and Quebec are examples of private law based on older civil and customary rules (not codified in Scotland) that persist in a common law environment. Israel has its own system, in which the former Ottoman and British mandates are now supplanted by a modern system. It does not have a single constitutional document, but much of modern law combines the great legislative simplicity of the main civil codes with the careful transparency of the common law judgment. There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether through the practice of sovereign States or through agreement between them in the form of treaties and other agreements.
Some transnational entities, such as the European Union, have created their own legal structures. At the national level, the United Nations has more than 180 sovereign States. Many of them are federal and their components may have their own additional laws. As a country that still adheres to the civil law system or the continental European system (although some laws and regulations have also followed common law). In short, that the so-called legal culture is the general attitude of the citizens of the community and the value system that exists in society and will determine how the law is applied in the society in question. There have been many cases in Indonesia caused by a weak system that gives the impression that violators seem to be underestimating existing laws. The substance of the law also includes living law, not just rules in law books. In principle, an examination of Lawrence Meir Friedman`s views in his book The Legal System A Social Science Perspective, which I present in this post, will place greater emphasis on the importance of legal culture in society. This is also evident in Friedman`s presentation, which generally assumes that of the three components of the legal system, legal culture is the most important component. However, he was aware of the emphasis placed on structure and content as essential elements of a legal system. If we consider the meaning of the M.
Looking at the theory of peace, we can conclude that the three elements of law must belong together for the law made to support justice to function effectively and for the justice felt by society to be governed by the law itself. Jakarta, Owntalk.co.id – Lawrence M. Friedman explained that effective and successful law enforcement depends on three elements of the legal system: legal structure, substance of law and legal culture. The second component is substance, substance is made up of material rules and rules about how the institution should be. Substance is the rules, norms, and patterns of actual human behavior that reside in these systems. Or you can say that it is a tangible result, the resulting product published by the legal system. The substantive elements include the actual regulations, norms, and patterns of people`s behavior in the system. This tangible result may take the form of inconcreto or individual legal norms that develop in society, laws that live in society (living law), or inabstract laws or general legal norms contained in law in books. Legal culture is also an important part of the legal system, as legal culture reveals the thinking and power of society that determines how the law is followed, avoided or abused. Laurent M.
Friedman explains the importance of legal culture by giving philosophical allusions to fish with water, as follows: The law without legal cultivation is like a dead fish in a bucket, not like a fish swimming in its ocean. Legal culture is the atmosphere of social thought and social power that determines how the law is used, avoided or abused. Without legal cultivation, the hukium system itself is powerless, like a dead fish spreading out in a basket, not like a live fish swimming in its sea. The problem caused by the substance is that Indonesia still uses the law of continental Europe, so the law corresponds to the Dutch system and the law was made a long time ago, for example, in Malang a chicken thief stole chickens in city A, and in city B it was obtained differently Sansi.