KULIAH PIHU - PERTEMUAN 1-PENGERTIAN , UNSUR, CIRI, SIFAT & TUJUAN HUKUM

Introduction

This tutorial provides a comprehensive overview of the key concepts presented in the first meeting of the PIHU (Pengantar Ilmu Hukum) course. We will explore the definitions of law, its relationship with society, essential elements, characteristics, objectives, and properties. Understanding these foundational aspects is crucial for anyone studying law or interested in its applications.

Step 1: Understanding the Definition of Law

• Law can be defined as a system of rules created and enforced through social or governmental institutions.
• It serves to regulate behavior, maintain order, and protect liberties and rights.
• Practical advice: Reflect on different laws you encounter daily and consider their purposes in maintaining societal order.

Step 2: Exploring the Relationship Between Law and Society

• Laws exist within a societal context and are influenced by cultural, economic, and social factors.
• The relationship is reciprocal; society shapes laws, and laws influence societal behavior.
• Practical advice: Observe how changes in societal values can lead to changes in legislation, such as laws on marriage or environmental protection.

Step 3: Identifying the Elements of Law

• Unsur-unsur Hukum (Elements of Law):
  1. Norms: Rules or standards that govern behavior.
  2. Sanctions: Consequences imposed for violations of laws.
  3. Enforcement: Mechanisms that ensure compliance with the law.
• Practical advice: Familiarize yourself with local laws to see how these elements are applied in practice.

Step 4: Recognizing Characteristics of Law

• Characteristics of Law:
  • General: Applicable to all members of society.
  • Coercive: Enforced through penalties or sanctions.
  • Dynamic: Law evolves with societal changes.
• Practical advice: Analyze different legal systems to understand how these characteristics manifest.

Step 5: Understanding the Objectives of Law

• Tujuan Hukum (Objectives of Law):
  1. Order: To maintain peace and stability.
  2. Justice: To ensure fairness and equality before the law.
  3. Protection: To safeguard individual rights and liberties.
• Practical advice: Consider how laws achieve these objectives in real-world scenarios, such as criminal justice or civil rights.

Step 6: Examining the Properties of Law

• Sifat Hukum (Properties of Law):
  • Certainty: Laws should be clear and predictable.
  • Justice: Laws should promote fairness and equity.
  • Flexibility: Laws should adapt to changing circumstances.
• Practical advice: Reflect on legal cases where these properties were tested and the outcomes that followed.

Conclusion

In this tutorial, we covered the essential concepts from the first meeting of the PIHU course, including definitions of law, its societal context, essential elements, characteristics, objectives, and properties. Understanding these concepts is fundamental for anyone pursuing a career in law or seeking to engage with legal systems effectively. As a next step, consider diving deeper into specific areas such as legal theory or the impact of law on social issues.