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The rules or norms of customary

by Nadia Safitri (2020-01-02)


The rules or norms of customary Norms or rules are the institutionalization of good and bad values in the form of rules that contain permissions, advice and orders (Information form Ejefocal Paper, Mpng Info, Wktny Info. The principle of decency which is understood as ethics in the strict sense can only be understood as a method that arises in personal life (internal life). Therefore, such a method is also called personal decency. Norm is a measure that must be obeyed by someone in relation to each other or with their environment. Legal norms can be formed in writing or not in writing by the institutions that have the authority to shape them, while moral, customary, religious, and other norms occur in writing, but they are not written but grow and develop from habits that develop in society. According into Zimbabwean Journals, In its development the norm is defined as a measure or benchmark for someone to act or behave in society, so the core of a norm is all the rules that must be obeyed. In their book, Soerjono Soekanto and Purnadi Purbacaraka argued that, the method is a benchmark or measure or guidelines for behavior or behavior in life. When viewed from its nature, then the method is the formulation of a view (oordel) regarding behavior or attitude. In the Islamic teaching system, the five methods are both referred to as religious norms. However, if classified, the three systems of religious norms (in the narrow sense) legal system norms and systems of ethical norms (morality) can be distinguished from each other. Ethical norms can only be said to involve permissible, sunnah and makruh rules, whereas legal norms relate to permissible, permeable, and prohibited (prohibere, verbod) methods. When reviewed in terms of its etymology, the word norm itself comes from Latin, while the method comes from Arabic. Norm comes from the word noos which means value then narrowed its meaning to legal norms. While the rules in Arabic qo'idah means the measurement or measurement value. If the definition of norm or method as institutionalization is specified, the method or norm referred to may contain: Ability or what is called in Arabic ibahah, mubah. Positive advice to do something or in Arabic is called sunnah. A negative suggestion not to do something or in Arabic is called makruh. Positive command to do something or an obligation (obligattere) Negative orders not to do something. In the theory known in the western world, these norms are usually only described in three types, namely, obligattere, prohibere, permittere. However, in The world by borrowing the theory of jurisprudence, according to Professor Hazairin, the norm consists of five types, namely: Halal or mubah (permittere) Sunna Makruh Mandatory (obligattere) Haram (prohibere) But the rules or norms of customary and customary law, as is the reality of our own experience are very different norms in terms of the origins of their birth. He was born and developed in the social community itself, which manifests in the decisions of Primus Inter-Pares in resolving disputes confronted him. The law was not made artificially but was found in the recesses of the people's souls. Rule or legal norms have a source of legitimacy and a source of binding strength on the existence of higher legal norms, which are spelled out in the lower legal norms, which are carried out by bodies that have the authority and power that are entitled to impose consequences or sanctions for violations of legal norms, beyond that person's will. Thus there are tools of power to impose obedience to legal norms. From the standpoint of origin, in accordance with the establishment of the flow of positivism, the rule of law is the will of the holder of power, which is outlined in the form of legislation. Acts of will or will that are formulated into the norm, in order to be valid their existence requires a body that has the power or authority for that, as it is often said that "there is no imperative without an (an) imperator, there is no command without a commander. Also Read Articles That Might Be Associated: Explanation of Social Values and Norms According to Expert Definitions