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Legal and Social Norms, Characteristics

by Nadia Safitri (2020-01-02)


Understanding Legal and Social Norms Characteristics Understanding Legal and Social Norms, Characteristics and Examples Functions, Types, Kinds, (According to Wwwricciericicom Ingridj, Carl Schroeder, Vederesehensee: Legal norms are provisions or rules created by the competent institution and social norms are habits that often become a benchmark of behavior in community groups Legal and social norms According from Law International Journal, Classification Classification of legal norms In terms of relationships that are arranged public law: regulates relations between the state and citizens (HTN, HTUN, Criminal Law) private law: regulates relations between citizens (Civil Law and Commercial Law). In terms of the contents of the rules material law: contains rules about an action and its sanctions or consequences. Example: Criminal Code, Civil Code formal law: contains rules about how to apply material law. Example: KUHAP, KUHA Civil Also Read Articles That May Be Associated: Understanding Norms of Modesty See the Core List: Understanding Legal Norms The word norm comes from the Dutch norm, which means the principal rules, benchmarks, or guidelines. In the General Law Dictionary, the word norm or norm is given an understanding as a rule that is a guide, a guideline for someone to do or not do, and to behave in their community environment In terms of the scope of application national law: applies within a country's territorial borders. Example: Civil Law, Constitutional Law, etc. international law: enactment is not limited by the territorial boundaries of certain countries. Example: International Civil Law Norms are real forms of social values in a society that is cultured, has rules, and rules, both written and non-written. These norms regulate human life in society. The norms contain rules and guidelines for life regarding right and wrong, good or bad, proper or improper, which must be obeyed by citizens. If the norm is violated, the violator will be subject to sanctions. Norms have the power to remember and force others to comply with applicable rules. So, simply understanding the norm is a rule that contains sanctions. The formation of norms is based on the need for the creation of harmonious, harmonious, and harmonious relations between the community members. Legal norms are provisions or rules created by competent and binding authorities. This rule was made in order to protect the interests of the community and as an order in social life The process of the formation of legal norms When in society, even though there are norms to maintain balance, norms as guidelines for behavior are often violated or not obeyed. Because it was made legal norms as written agreements / regulations that have sanctions and enforcement tools. Also Read Articles That May Be Associated: 21 Understanding Norms According to Experts Complete Characteristics and Norms of Legal Norms Legal Norm Legal norms have special characteristics that distinguish them from other norms, while the characteristics of legal norms are as follows: Made by an authorized official or institution - A country certainly has rules in the form of legal norms. For example in The world, the House of Representatives (DPR) holds the power to form laws (the Law) The process of making it follows certain procedures - The making of legal norms must follow certain procedures that have been agreed upon, the procedures for making laws in The world are regulated in Articles 20, 21 and 22 of the 1945 Constitution (the Basic Law) 1945 and Law No.10 of 2004. Following a certain hierarchy - Hierarchy here means that legal norms are tiered and layered where lower legal norms are sourced from higher legal norms. There are rules that govern the association of human life - To regulate its citizens, the government makes written rules in the form of legal norms. This rule regulates the relationship between the government and its citizens and between citizens. In addition there are also unwritten laws that only apply in certain areas. Elements of Legal Norms From the understanding and characteristics of the legal norms, it can be concluded that the legal norms are as follows: There are rules regarding behavior in the association of human life. These rules are made by official state bodies. The rules are coercive. There are strict and compelling sanctions. Also Read Articles That May Be Associated: Understanding, Characteristics, And Various Types Of Norms And Their Complete Examples The rules are coercive - Legal norms are coercive meaning this norm must be obeyed without exception by all people who are in the jurisdiction of the norm. Accompanied by strict and compelling sanctions - In order to comply with legal norms, strict and compulsory sanctions are given for violators such as fines, imprisonment, and even the death penalty. In terms of when applicable constitutum law (positive law). Current law, for certain people in a certain area. The law constitutum (positive law) there are legal experts who call it "the rule of law" constituendum law. Expected laws apply in the future basic law (natural law). The law applies everywhere at all times and for all nations of the world. Classification of Legal Norms