Bahasa Inggris Hukum untuk mahasiswa fakultas hukum

2. Two major legal systems developed in the world are the Anglo –
American Common Law System and the Romano –Germanic Civil
Law System.
The Romano-Germanic Civil Law System, which is commonly called
the Civil Law System or continental civil law followed by some
countries such as: Austria, Belgium, Greece, Indochina, Indonesia,
Latin America, The Netherlands, Poland, Portugal, Spain, South
Korea, Turkey, and Switzerland. Historically, the term “civil law” comes
from Latin word jus civile which was opposed to jus gentium. On the
other hand, the Anglo-American Common Law System, which is
commonly called the Common Law System or the Anglo Saxon or the
Case Law System followed by The United States of America, The
United Kingdom, Australian, and Singapore. These legal systems are
different each other especially from their source. In the Civil Law
System, the important source of the law is written law, in which those
law are written into a codified law or statute. Legislation considered as
the primary source of law in this system. Consequently, when the
court has a case, it is usually unbound by precedent. While in
Common Law System the source of the law is unwritten law.
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TWO MAJOR LEGAL SYSTEM IN THE
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3. Common law system is the system of laws originated and developed
in England and based on court decisions. The system has and uses
more doctrines and customs rather than written law such as codified
law. Under the common-law system, when a court decides and
reports its decision concerning a particular case, the case becomes
part of the body of law and can be used in later cases involving similar
matters known as a “precedent”. This use of precedents is known as
stare decisis. In the US, this decision is known as the Doctrine of
Stare Decisis (to stand by the decision). Generally, the term “common
law” is used to describe a system where the law is built up through the
decisions of the courts. Judicial decision is a decision about an
individual lawsuit issued by the courts. Through judicial decision the
judge explains the legal reasoning used to decide the case. This
system has been used since the Middle Ages. Philosophically, in this
system law is rooted from custom and precedent. Therefore, neither
the creation of a sovereign nor dictated or invented by legal dictation
but handed down in a continuous process of interpretation and
reinterpretation of the significance of previous custom.
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4. The law in the civil law system was adopted from the Romans
where the compilation of Roman law known as the Corpus
Juris Civilis. The further important sources of the civil law
system are the French Civil Code of 1804 or known as the
Napoleonic Code and the German Civil Code of 1896, later
on the two of latest code become models for countries that
followed civil law system. In some Civil law countries, even
though their formal prime sources of law are code, statute, or
law, which is the written law enacted by the legislative branch
or the House of Representative or parliaments, they also
have other important sources of law, namely: Custom, Treaty
both Multilateral Treaty and Bilateral Treaty, also Judicial
decisions. On contrary, in some Common Law System
countries, such as the United States, they also have written
laws as sources of their law. For example, the source of
modern law in the United States are Constitutions, Statutes
and Treaties. Treaty is an agreement formally signed, ratified,
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TWO MAJOR LEGAL SYSTEM IN THE
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5. or adhered to between nations or sovereigns: an
international agreement concluded between two or
more states in written form and governed by
international law.
Recently, it is difficult to say that a country has only
followed one Legal System because practically they
tend to follow both common law and civil law system.
For instance, even though Indonesia in general known
as a part of Civil Law Country which has many Acts or
laws to regulate its society such as ; the Act No.4,
2004 concerning Judicial Power, the Act No. 19, 2002
concerning Copyright, etc. However, in some practices
it has also followed Common Law System especially in
fi eld of Business Law
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6. ADD A FOOTER 6
Dialogue
When break time Gendra and Fuad discuss about
topic Legal English
Gendra : Hi…. Fu!!! How are you?
Fuad :Hi Gen, I‘m fine! How About you?
Gendra : I‘m fine too! So why you look so tired?
Fuad :ooo….nothing. I just finished my task from
Mr. Arik. Have you?
Gendra :Oh…. Wait. About what? I‘m sorry. I‘m
forget.
Fuad :oo… About two major legal system in the
world
Gendra :Oh My… I‘m Not yet
Fuad ;You fool
Gendra : Hey…. No!!! I just forget about it!!

7. ADD A FOOTER 7
• Suddenly Nadina and Bagus Came.
• Nadina : Hi Guys
• Gendra : Hi Nad, Where you came from?
• Nadina : I came from coffee shop, Why?
• Gendra : Have you done a task from Mr. Arik?
• Nadina : Of Course but truelly I didn‘t understand about
two major legal system in the world

8. 8
• Bagus : Let me try I know about it
• Fuad : Awesome… …..you look so good tell me
• Bagus : Two major legal system in the world are the Anglo-American common-law
system and Romano Germanic civil law system
• Gendra : What the means with American Anglo common law system?
• Bagus : Common law system is the system of law originated and developed in
England and based on court in decision
• Nadina : Hmmm… so how about the civil law system?
• Gendra : Civil legal system are different, Their source of law is written law or
statute
• Bagus : So, what different about common law and civil law
• Fuad : The common law the source of the law is unwritten law and then civil law
the source it is written law

9. 9
• Gendra : So what the country follow civil law system?
• Devi : Followed by some country such as Austria, Belgium, Greece,
Indochina, Indonesia, Latin America, Netherlands, Portugal, Spain, South
Korea, Turkey and Switzerland
• Bagus : And then How about the common law system?
• Fuad : It followed by USA,UK, Australia and Singapore
• Devi : The common law system has and uses more doctrine and customs
rather and based on court decision
• Fuad : Under common law system when a court decides and reports its
decision concerning a particular case becomes part off the body of law can
be used in later case involving similar matters known are precedent
• Nadina : What is Judicial decision?

10. 10
• Gendra : Judicial decision is a decision about an individual
lawsuit issued by the courts
• Bagus : What is use full of judicial decision?
• Devi : Judicial decision the judge explain the legal reasoning
used to decide the case
• Fuad : What‘s role of legislative?
• Nadina : Make a statuette All : Okay…. Now I Understand about
Two Major Legal System in The world

11. 11
• Where people live together they usually agree on rules
about conduct and procedures. They do this so that the
group may better achieve its objectives and to ensure
the rights of its individual members are respected and
protected. Schools have rules specifically for these
purposes. Families too might have rules, determined by
parents, to ensure the safety and security of younger
members. Society has certain unwritten rules that reflect
social and cultural values, such as an expectation that
individuals display courtesy and good manners, observe
things like queues and keep to the left on escalators.

12. 12
•A law is the highest form of rule and protects
individuals by determining what is acceptable
behavior and conduct. Laws are considered a
fundamental element of civilized society:
maintaining order, ensuring good conduct and
protecting the human and civil rights of
individuals. Without a system of laws, society
would most likely degenerate into disorder and
anarchy.

13. 13
• The law is fundamentally important – but it is not perfect. The
law is only as fair and effective as those who develop,
implement and oversee it. Martin Luther King correctly observed
that “everything that Hitler did in Germany was ‘legal” and
everything the Hungarian freedom fighters did in Hungary was
“illegal.” It was “illegal” to aid and comfort a Jew in Hitler’s
Germany. At the beginning of the 1930s, Adolf Hitler’s Nazi
Party exploited widespread and deep-seated discontent in
Germany to attract popular and political support so that hitler is
protected by the law at the time. The law is not above debate,
criticism or challenge. The law must be flexible, receptive to
suggested reform and capable of change. As people and
society changes, so too must the law.