Formal Law Sources: Have you ever think about where’s the rule come from? The rules in Indonesia were come from some law sources. Law source is something that can arouse some rules with forced power like if you don’t obey it, you’ll get the punishment because the sanction is very straight and real.
So, there are 5 kinds of law source. It called formal law sources, there are regulations, jurisprudence, treaty, custom, and doctrine.
I think for you, Readers need to know about this knowledge, so you will know about the real story about where all the rules came from.
Formal Law Sources
Regulation has two type of meaning, first is regulation according to formal meaning and regulation according to material meaning. Regulation in formal meaning is every rule or decision which made by the legislator and the content is binding generally.
Then for regulation in material meaning is every rule or decision which is not made by the legislator, but the content is also binding. For every regulation which had been made in government news, so the law fictie principle is hold for the whole population.
Jurisprudence is a decision from the earliest judge followed by the recent judges and that decision is used as a principle of judge’s decision about the same case. The judge decision which is become a jurisprudence will be a law source to the court.
There are 3 reasons why a judge has to following the other judge’s decision, first is the judge’s decision has a power, second is because the practice reasons, third is the judge agreed with other judge’s decision.
Treaty is like a consensus between two or more countries. There are two types of contract, first is treaty, and the second is agreement. The difference is treaty is made by the president with legislative agreement, but agreement is made only by the president’s decision for the political field.
A treaty is holds and bind based on one principal, it’s a Pacta Sunt Servanda, it means that the treaty is holds and binds as a law rules for the people in a country which involved into the agreement.
Custom is a human habit that they do constantly in their life. So, the custom isn’t the decision from the government. The custom is followed and obeyed by the people so in time the custom is count as unwritten rules, it’s called custom law.
In order to make the custom law is obeyed, there are two requirements that must be filled, first is habit that always do by the people and the second is a belief that the habit is always be followed because it’s an obligation.
The last of formal law source is the opinion from law masters or someone who experts in law science. The opinion from a master of law can affect judges to take a decision. So the opinion from master of law being a law source through jurisprudence.
In international relation, the opinion from law master has great influence. For the international law, the opinion from law master is very important.