1 . FUNCTION OF LAW
The existence of law is essentially to regulate the legal nexus in social interaction , both between the one , the one with the other , between the state and governs the relationship between the State institutions that exist in state law , including the implementation of the government as a whole , particularly in it is very important to be noticed by all law enforcement agencies in order to rule that every action executed in order to reflect the nature of the legal itu.sehingga thus arbitrary actions that keep the ideals of the law can be avoided , then for things such ideals ideals of citizenship which can be avoided in this relationship , then for things such ideals and the nation are in this relationship can realize social justice .
Prof.Mr.WFde Gaay Fartman in his Rechtdoen in translation Dr.O.Notohamidjojo secret law by saying that the law functions include 5 things:
- The law is set up , create order .
- Legal certainty weigh one another .
- The law provides for freedom .
- The law creates liability .
- Legal convict .
Iskandar said about the function of the law is as social control ( social control ) also serves as a tool for social change ( Social engenering ) function will not be created and will hamper the creation of economic justice and political justice when the law is not used with the use of power is not in accordance with the law of nature sebabkalau not true then its use tends kekuasaanpun used incorrectly .
I think Rudolf Von Lering who say the law is to function the way laws were on the end Achieve namely social control , then according Ilering '' an instrument for serving the needs of society where there is an Inevitable conflict between the social needs of individual 's self-interest "
a tool to serve the needs of the community in which conflict ( dispute ) can not be placed between social needs and personal interests .
2 . PURPOSE OF THE LAW
In a State of Law , public life should not be determined by the willingness of one or a few people in power alone , but must be legal certainty about the nature and duties of each person based on the rules applicable law , regulation which of course made by the representatives of the people which have been previously in the general election free and confidential .
The purpose of the law in principle includes three main elements , namely :
The law aims to achieve keadilan.yang meant is that people should be treated according to their rights as human dignity .
Legal certainty in the sense that the actions taken against any person or member of the public may soon be quickly determined whether the act was violated otherwise deviate from the law or not .
Usability which means that in the working process of the law can force the general public and law enforcement in particular to carry out their activities with glasses always on laws that govern them .
Aristotle gives his opinion , the purpose of the law is to achieve " justice " that is meant is that fair rules are a balance between the interests protected . Was justice here is divided into two kinds of justice , namely :
Distributive justice is justice that gives every person rations according to his services . Justice is justice Commulatif give everyone as much by not considering individual services . the purpose of the law according to Aristotle is more focused on understanding the economic factors , where every action is measured according to the results of a person who has done, because there emphasis on the division of a service he had done by a person and the community association perhubungannya . of some opinions about the concept and purpose of the law suggested by experts above it can be concluded that the purpose of the law in the process of operation include :
That laws are implemented in order to achieve justice .
The existence of law is to regulate public transportation performed in all activities between people with other people , including in relation to the government which also regulates the rights , powers and relations between the state institutions .
Provide legal certainty for all the working of the law in the process of implementing appropriate legal ideals
Evidence in the everyday sense is all that is used to convince the other party that it can be said that stuff is not limited as long as the evidence could convince other parties neighbor opinions, events , circumstances .
But the definition of evidence is already defined by law according to the law , what are they? Let us refer to the following :
In the science of civil law , to prove a pretext of the rights and obligations of the dispute in court , that stuff has been defined by the Act , namely :
1 . Written evidence
2 . Witness evidence
3 . Evidence persangkaaan
4 . Evidence of recognition
5 . Evidence oath
In civil law the mention of written evidence ( letter ) is the primary evidence , because the letter made it to prove a situation , or events that have occurred or legal actions that must be performed by someone later .
( Article 164 HIR / Article 284 RBg / Article 1866 BW )
This is in contrast with the mention of the evidence in the criminal procedure law that sequence evidence was as follows :
1 . Statement of witness
2 . Remarks expert
3 . Letters
4 . Instructions
5 . Remarks defendant .
So here is a witness that the primary evidence . Why ? Because someone in committing a crime would be trying to eliminate his footsteps , so that in a criminal case , evidence will be focused on witness testimony .
(Criminal Code , Article 184 , paragraph 1 )
Expansion of the definition of valid evidence in accordance with the Criminal Procedure Code role in technology development has been regulated in article 26 of Law No.31 of 1999 A , namely :
Valid evidence in the form of instructions referred to in Article 188 paragraph 2 of Law No. 8 of 1981 on Criminal Procedure , in particular for not corruption can also be obtained from :
Other evidence in the form of spoken information , sent , received , or stored electronically by means of an optical or similar establishment ; and
Documents , ie, any recorded data or information that is seen, read or heard and which can be removed with or without the help of a medium , which contained either on paper , physical material other than paper , which terekan electronically or in the form of text, sound , drawings , maps , plans, photographs, letters , marks , numbers or perforations that have meaning .
All the evidence must be used to prove the events set forth in advance of the trial.
The existence of law is essentially to regulate the legal nexus in social interaction , both between the one , the one with the other , between the state and governs the relationship between the State institutions that exist in state law , including the implementation of the government as a whole , particularly in it is very important to be noticed by all law enforcement agencies in order to rule that every action executed in order to reflect the nature of the legal itu.sehingga thus arbitrary actions that keep the ideals of the law can be avoided , then for things such ideals ideals of citizenship which can be avoided in this relationship , then for things such ideals and the nation are in this relationship can realize social justice .
Prof.Mr.WFde Gaay Fartman in his Rechtdoen in translation Dr.O.Notohamidjojo secret law by saying that the law functions include 5 things:
- The law is set up , create order .
- Legal certainty weigh one another .
- The law provides for freedom .
- The law creates liability .
- Legal convict .
Iskandar said about the function of the law is as social control ( social control ) also serves as a tool for social change ( Social engenering ) function will not be created and will hamper the creation of economic justice and political justice when the law is not used with the use of power is not in accordance with the law of nature sebabkalau not true then its use tends kekuasaanpun used incorrectly .
I think Rudolf Von Lering who say the law is to function the way laws were on the end Achieve namely social control , then according Ilering '' an instrument for serving the needs of society where there is an Inevitable conflict between the social needs of individual 's self-interest "
a tool to serve the needs of the community in which conflict ( dispute ) can not be placed between social needs and personal interests .
- of some opinion described above that dungsi law basically includes the following :
- Legal process works to regulate the legal nexus of society .
- Creating a sense of responsibility towards society and government actions .
- As a tool to resolve disputes or conflicts in society .
- As an instrument of social control .
2 . PURPOSE OF THE LAW
In a State of Law , public life should not be determined by the willingness of one or a few people in power alone , but must be legal certainty about the nature and duties of each person based on the rules applicable law , regulation which of course made by the representatives of the people which have been previously in the general election free and confidential .
The purpose of the law in principle includes three main elements , namely :
The law aims to achieve keadilan.yang meant is that people should be treated according to their rights as human dignity .
Legal certainty in the sense that the actions taken against any person or member of the public may soon be quickly determined whether the act was violated otherwise deviate from the law or not .
Usability which means that in the working process of the law can force the general public and law enforcement in particular to carry out their activities with glasses always on laws that govern them .
Aristotle gives his opinion , the purpose of the law is to achieve " justice " that is meant is that fair rules are a balance between the interests protected . Was justice here is divided into two kinds of justice , namely :
Distributive justice is justice that gives every person rations according to his services . Justice is justice Commulatif give everyone as much by not considering individual services . the purpose of the law according to Aristotle is more focused on understanding the economic factors , where every action is measured according to the results of a person who has done, because there emphasis on the division of a service he had done by a person and the community association perhubungannya . of some opinions about the concept and purpose of the law suggested by experts above it can be concluded that the purpose of the law in the process of operation include :
That laws are implemented in order to achieve justice .
The existence of law is to regulate public transportation performed in all activities between people with other people , including in relation to the government which also regulates the rights , powers and relations between the state institutions .
Provide legal certainty for all the working of the law in the process of implementing appropriate legal ideals
Evidence in the everyday sense is all that is used to convince the other party that it can be said that stuff is not limited as long as the evidence could convince other parties neighbor opinions, events , circumstances .
But the definition of evidence is already defined by law according to the law , what are they? Let us refer to the following :
In the science of civil law , to prove a pretext of the rights and obligations of the dispute in court , that stuff has been defined by the Act , namely :
1 . Written evidence
2 . Witness evidence
3 . Evidence persangkaaan
4 . Evidence of recognition
5 . Evidence oath
In civil law the mention of written evidence ( letter ) is the primary evidence , because the letter made it to prove a situation , or events that have occurred or legal actions that must be performed by someone later .
( Article 164 HIR / Article 284 RBg / Article 1866 BW )
This is in contrast with the mention of the evidence in the criminal procedure law that sequence evidence was as follows :
1 . Statement of witness
2 . Remarks expert
3 . Letters
4 . Instructions
5 . Remarks defendant .
So here is a witness that the primary evidence . Why ? Because someone in committing a crime would be trying to eliminate his footsteps , so that in a criminal case , evidence will be focused on witness testimony .
(Criminal Code , Article 184 , paragraph 1 )
Expansion of the definition of valid evidence in accordance with the Criminal Procedure Code role in technology development has been regulated in article 26 of Law No.31 of 1999 A , namely :
Valid evidence in the form of instructions referred to in Article 188 paragraph 2 of Law No. 8 of 1981 on Criminal Procedure , in particular for not corruption can also be obtained from :
Other evidence in the form of spoken information , sent , received , or stored electronically by means of an optical or similar establishment ; and
Documents , ie, any recorded data or information that is seen, read or heard and which can be removed with or without the help of a medium , which contained either on paper , physical material other than paper , which terekan electronically or in the form of text, sound , drawings , maps , plans, photographs, letters , marks , numbers or perforations that have meaning .
All the evidence must be used to prove the events set forth in advance of the trial.
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