Pengertian Hukum dan Hukum Ekonomi

Law and Economic Law

The science of law or the law is a system of rules or customs which are officially considered binding and confirmed by the authorities , the government , or agency or legal institutions .

Many legal definition according to the figures , including :

According to Plato says :

·         Law is the regulations on a regular and well-organized society binding .

According to Aristotle said :

·         The law simply as a collection of rules that are not only binding but also judge people .

According to JCT Simorangkir , Woerjono Sastropranoto SH , SH says :

·         Law is the regulations that are forcing , which determines human behavior in society made ​​official bodies authorities.

 Thus , the conclusion of some opinion leaders above that legal science is to collect and systematize legal materials and troubleshoot problems .

Economics and economic law

Economics is the science which studies human behavior in selecting and creating prosperity . The core economic problem is the imbalance between human needs that are not limited by the means of satisfying the needs of a limited number .

Economic law is a causal relationship or economic events are interconnected with one another in everyday economic relations in society .

Economic law is divided into two , namely :

1.    Economic Development Law , the entire regulatory and legal thinking about the ways of life improvements and economic development . For example, law firms and investment law .

2.    Social Economic Law , the entire regulatory and legal thinking on ways to profit sharing in a fair and equitable development , in accordance with human rights . For example, labor law and huukum housing .

Economic law examples :

1.    If the price of basic food staples or nine rides then the prices of other goods usually come creeping up .

2.    If at a location stands a large shopping center with hypermarket very cheap price then certainly paritel or small shops that are around will lose the turnover or the die out of business .

3.    If the value of the U.S. dollar exchange rate increases, many companies whose capital comes from foreign loans will go bankrupt .

4.     The fall in the price of LPG / LPJ will increase the amount of sales of gas stoves both domestically and abroad .

5.    The higher interest rates for saving the money supply will decrease and a decrease in the amount of demand for goods and services in general .

 
The purpose of the law and legal sources

The law is aimed at ensuring legal certainty in the legal community and it should also bersendikan on justice , namely the principles of justice of the community . 

Source of law is anything that raises all the rules that have the coercive power of the rules that give rise to sanctions if violated affirmative .
Law in terms of material and formal :

·         Sources of law material

In a legal source material can be reviewed from various angles , such as from an economic standpoint , sosiolagi history , philosophy , etc.

example :

1.    An economic expert said that the economic needs of the community that led to the emergence of law .

2.    A community of experts ( sociologist ) would say that was the source of law is the events that happen in the community .

·         Sources of formal legal

1.    Law - Law ( Statute) He is a State regulation that has binding legal authority is held and maintained by the State authorities .

2.    Habits ( Costum ) He is a man- made ​​money still repeated in the same terms . If such a socially acceptable habit , and habits that always repeatedly done in such a way , that contrary to the custom action is perceived as a violation of the legal sense , it is thus arises a legal habit , which by law is seen as a social life .

3.    Judges decision ( Jurisprudentie ) From the provisions of section 22 AB This is obvious , that a judge has the right to make their own rules to solve a case . Thus , if the law - laws or customs regulations can not be members put in to resolve the matter , the judge must make their own rules .

Codification of laws

Is the bookkeeping certain types of law in the book of the law in a systematic and comprehensive.

In terms of form , the law can be distinguished :

·         Written Law ( statute law , written law) , the law that included a variety of regulations , and

·         Not Written Law ( unstatutery law , Unwritten law) , the law that is still alive in people's beliefs , but not written yet adhered to the enactment of such a legislation ( common law ) .

In theory there are two kinds of legal codification , namely :

·         Codification open codification is open to the presence of additional extra - parent kondifikasi beyond . " The law was allowed to develop according to the needs of society and laws are no longer referred to as a barrier to the progress of society here interpreted as rule of law " .

·         Codification is covered in all matters relating to the problem entered into the codification or a book of rules .

Rules / norms

Legal norms are social rules that are made by certain institutions , such as the government , so that the firm can prohibit and compel people to behave in accordance with the wishes of the regulator itself. Violation of these norms in the form of financial penalties to physical punishment ( imprisonment , death penalty ) .