Basic legal science
A. Understanding
Legal science is a science that regulates social order and behavior in society. Legal science has
various rules as a basis for governing society. These methods are:
1. Historical method. This method explains the origins of the creation of legal sources, seen from
the aspect of the incident and the various opinions of figures who formulated the legal basis.
2. Comparative method. That is a rule that compares the law in one country with the law in other
countries. These differences occur because of differences in views regarding an event and the
existence of legal norms that operate and are obeyed by society
3. Principles of legal philosophy. Rules that explain the deepest meaning of a law that has been
made. Understand the applicable norms and various points of view of experts in responding to
an incident. This code also helps provide a moral basis for the laws enforced in society
4. Methods of legal sociology. This method studies the relationship between the law that has
been made and the social conditions of the community under the auspices of the law. This
method studies patterns of interaction between individuals in society with the existence of laws
that apply in an area.
5. Statistical and empirical methods. The rule that explains the formation of a law based on the
results of statistical data and the impact of an activity on society
6. Methods of legal criticism. This method describes a critical analysis of the impact of a law on
society. Like who benefits from the applicable law, and who gets the loss.
7. Rules of legal interpretation. Methods that explain how to provide an understanding of a law
to the surrounding community, so that the law can be implemented carefully and there are no
misunderstandings
To recognize more laws again. Keep in mind that there are two interconnected and non-separated
terms of Sollen (SEKLAN) and Das Sein (Events). for example Robert steals Melinda's shoes (Das Sein)
Robert was caught and told to restore Melinda's shoes and paying fine for the deeds of steering it (das
Sollen). The term Das Sollen and Das Sein required each other. An event (Das Sein) will require an action
to be processed in order to form a law that can arrange (das Sollen), and the law (Das Sollen) will not
work in no incidence in the community (Das Sein). If there is an event that is questioned whether it
belongs to the law or not, the answer depends on the laws of the law. In the causa of the law and the
social cage of course there is a differentiator, that is sanction. In the causa of law if there is someone
who breaks, it will be subject to sanctions that will not want the perpetrators to accept and redeem it.
SANCTION in the Law of the Law is forced in order to provide warning and lessons for the perpetrators
and all people to not violate a law. While in social caps) there is also sanctions but have different
coercion properties. If the causa law forces the actors who violate to pay sanctions because it has been
contained in the rule, then social cars in making the people around it unconsciously forced to follow the
rules, and reluctant to leave it. Such as the normal social, adab and courtesy and customs
B. Law and power
To enforce a law, it certainly needs a power that becomes the main source of the implementation
of a law. Power and law can not be integral and will always have linkages. The law will not be obeyed by
the public if the law has no power, and the power will not be able to control society without law. One of
the power that created a law of the Revolution. The revolution is the creation of a law that sometimes
comes from the act of violence, but not all revolutions use violence, such as the United States
Revolution (1775-1783), Gandhi Revolution in India (1930-1947), the Cultural Revolution in China (1966-
1976) and other laws and power not only control the community alone, but also becomes a protection
of various violations that will be in their way, as often heard by the community of human rights
violations. This violation has a widespread impact in case of occurrence. Generally the offense is related
to this human rights, namely, violations associated with race and ethnicity. Many people are
enthusiastic when there is a bid of the intimidation of other people who are superior. A defense will be
done by activists, and if the problem is not immediately overcome by the authorities will be awarded to
be a violation of heavy human rights. The impact will be very wide and other countries that know the
case will sanctions in the country concerned and exacerbate the name of a country that commits a
violation. So with the law that has power, can control the community and prevent the occurrence of a
violation that brings the impact in the surrounding environment
C. Eigenrichting
In legal science, taking the law into your own hands (Eigenrichting) is an act of violation, because
vigilantism is sometimes not in accordance with applicable and established laws. However, there are
acts of taking the law into your own hands but they are legally permitted for certain reasons.
Perpetrators who commit violations cannot receive sanctions when committing a violation. This rule
applies when the perpetrator is in a state of urgency. Actions that can free perpetrators of violations
from legal sanctions are divided into two groups:
1. Actions that violate the law but are not subject to sanctions because they have a justification. In
this case it is further divided into two things, namely emergencies and defense.
• emergency state
That is, when there is an incident that causes someone to commit a small violation so that
a major violation does not occur. Like when two people were stranded in the middle of
the sea due to a sunken ship, then there was a piece of wood left over from the sunken
ship. The wooden slats could only accommodate one person and if they were forced to
accommodate two people both would drown. So it is permissible to sacrifice one of these
people because in the middle of the sea they do not have time to get justice, so the act of
killing one of the people for the common good is permissible.
• Defense
This is when someone is forced to commit a violation in order to protect their property or
honor from threats from other people. For example, there is someone walking in a quiet
place and suddenly that person is attacked by an unknown person who wants to steal his
property. The victim may fight back with or without weapons as a form of self-protection,
so this is permissible because they are defending themselves. In this case, the individual
must experience the attack directly in order to be able to defend himself, and this act of
defense will become a witness statement for the judge in court later
2. Actions that violate the law but are not subject to sanctions because they are exempt from
violations
In this situation, the perpetrator of the violation can be released because of force mayeur,
which means forced circumstances. For example, there was an armed bank robbery incident
where the robber forced the bank employee to hand over all his savings to the robber with the
threat of being shot dead. So bank employees were forced to hand over their money without
the permission of their superiors because they were afraid of threats. The behavior of bank
employees cannot be subject to sanctions because of the existence of force majeure and
employees are also unable to face this very strong threat