PIHU - PERTEMUAN II: SUMBER HUKUM

Introduction

This tutorial covers the second meeting of the Introduction to Law course (PIHU), focusing on the concept of legal sources. Understanding legal sources is crucial for anyone studying law or working in legal fields, as they form the foundation of legal systems and practices.

Step 1: Understanding Legal Sources

Legal sources refer to the origins of law and the materials from which laws are derived. Familiarize yourself with the following key types of legal sources:

• Written Law: This includes statutes, regulations, and codes enacted by legislative bodies.
• Judicial Decisions: Case law established by court rulings that interpret and apply written laws.
• Customary Law: Traditions and practices that have gained legal recognition over time.
• Doctrinal Sources: Scholarly writings and opinions that influence and guide legal interpretations.

Practical Advice

• Review your local legal framework to identify specific written laws relevant to your jurisdiction.
• Analyze landmark cases to understand how judicial decisions shape legal principles.

Step 2: Differentiating Between Primary and Secondary Sources

It is essential to distinguish between primary and secondary legal sources:

• Primary Sources: These are authoritative texts, such as constitutions, statutes, and case law that directly establish legal rules.
• Secondary Sources: These include commentaries, legal textbooks, and articles that explain or analyze primary sources.

Practical Advice

• Use primary sources when conducting legal research to ensure you are referencing authoritative materials.
• Consult secondary sources for context and interpretation, especially when dealing with complex legal issues.

Step 3: Exploring Hierarchy of Legal Sources

Legal sources are structured in a hierarchy, which affects their applicability and authority:

1. Constitution: The highest legal authority, establishing the fundamental principles of governance.
2. Statutes and Regulations: Laws passed by legislative bodies and executive agencies.
3. Case Law: Judicial interpretations of statutes that set precedents.
4. Customary Law: Accepted practices that may influence legal decisions.

Practical Advice

• Always check the hierarchy to determine which legal source takes precedence in a specific legal context.

Step 4: Recognizing the Role of International Law

International law is an essential source, especially in areas such as human rights and trade. Important points to consider:

• Treaties and conventions are agreements between states that create binding legal obligations.
• International legal principles can influence domestic law, especially in countries that incorporate international treaties into their legal systems.

Practical Advice

• Stay informed about relevant international treaties that may affect local laws and regulations.

Conclusion

Understanding legal sources is vital for anyone engaged in the study of law. By familiarizing yourself with different types of legal sources, differentiating between primary and secondary sources, recognizing the hierarchy of legal sources, and acknowledging the role of international law, you will build a solid foundation for further legal studies. As a next step, consider exploring specific legal cases and statutes relevant to your interests or jurisdiction for deeper insights.