The document discusses the objectives, principles, and classification of law. It states that the objectives of law are to maintain peace, balance interests, and ensure fairness, order, and happiness. Legal principles are the foundational ethical values and soul of legal norms that guide lawmaking. Law is classified in various ways such as by its formal source, governed interests, power, scope, form, location, and time.

1. OBJECTIVE OF LAW, LEGAL
RINCIPLES, CLASSIFICATION OF LAW
Oleh :
Lily Mulyati, SH., MH.

2. 2
OBJECTIVE OF LAW
Based on a point of view of L.J. Van Apeldoorn,
the objective of law is to govern live association
peacefully. Thus, law requires peace in the
society. Peaceful condition in the society can be
realized if the balance of interest of each society
member is truly guaranteed by the law. The
term “fairness” does not mean each member of
society receives the same share, but it means
that the interests protected by the law must be
in balance.
Lily Mulyati, SH., MH. 2

3. 3
1. Based on Aristoteles in his theory “Rhetorica”, there are two
definitions of fairness:
a. Distributive fairness. It means fairness giving each person a
share based on his/her service.
b. Commutative fairness. It means fairness giving each person
the same share without regarding to each service done.
2. Prof. Soebekti, SH suggests that the objective of law is serving the
objective of state, which is generating prosperity and happiness
to the people.
3. Based on Bentham, the objective of law is ensuring happiness as
much as possible existing in as much as people. Certainty is the
main objective of law.
4. Prof. Van Kan suggests that the objective of law maintaining each
interest of people to avoid disturbance. Meanwhile, Dr. Soedjono
Dirdjosisworo, SH specifies that the subjective of law is to protect
individual in relation to society, so that the realization of security,
orderliness and fairness can be expected. Roscoe Pound argues
that law aims to engineer people.
Lily Mulyati, SH., MH. 3

4. 4
From varied points of view described above, it
can be concluded that the objective of law is
expecting the balance in interests, orderliness,
fairness, tranquility, happiness of each people.
Therefore, it is clear that the aim of law is to
avoid disturbance toward the interest of each
person individually or jointly by another person
or group who always prioritizes personal
interest or his/her group interest.
Lily Mulyati, SH., MH. 4

5. 5
LEGAL PRINCIPLES
The following are the opinions of Satjipto Rahardjo. The
principle of law is an important and basic element of the
rule of law. The principle of rule of law is the heart of law
because in the broadest sense it is the basis for the birth of
a particular law or it is the ratio legis of the law. Satjipto
Rahardjo goes on to say that ultimately legal rules must be
restored to these principles.
If we observe the definition of legal principles as expressed
by Satjipto Rahardjo above, then presumably we can draw
the conclusion that basically what is referred to as a “the
principles of law are the basic foundations of the law that
contain their ethical values”.
Lily Mulyati, SH., MH. 5

6. 6
Rule of law is the concrete provisions on how to behave in
society, which is a concrete personification of the legal principle.
Satjipto Rahardjo said that a legal principle is not a concrete legal
norm because legal principle is the soul of the legal norm. A
Legal principle is referred to as the soul of legal norm or rule of
law because it is the basis for the birth of the rule of law, (it is
the ratio legis of the rule of law).
Exactly Satjipto Rahardjo statement that in the end all laws must
be restored to its legal principles. As a concrete example that the
principle of law is the soul of the rule of law, Satjipto Rahardjo
given as follows: the principle of law that if a person who has
done harm to others must compensate for the loss. Legal norm
to be any act that is against the law and cause harm to other
parties, must pay damages (see Article 1365 BW)
Lily Mulyati, SH., MH. 6

7. Another example we can take for example in
principle the law is not retroactive. Legal rules to
be “no one can be punished, except for the
power law that had existed before the act was
done” (see Article 1 paragraph of the Criminal
Code). From the example above can be seen
that the principle of law is the soul of legal
norms, legal norms are a concrete manifestation
of the prinsiple of law.
7

8. 8
There are many principles of other laws such as:
- The principle of presumption oj innocence (presumption of
innocence) is that a person be presumed innocent before the
judge’s decision stating that he was guilty and the decision will
already have permanent legal force.
- The principle of in dubio pro reo is in doubt apply the most
favorable conditions for the defendant.
- The principle of similia similibus is that the same case (a) must
be disconnected the same (similar).
- The principle of pacta sunt servanda is that the agreed contract
applies as law for the parties concerned.
- The principle of no punishment without guilt (zonder straft
geen schuld)
Lily Mulyati, SH., MH. 8

9. - Lex posteriori derogat lex priori : UU yang baru
mengyampingkan UU yang lama.
- The binding force of precedent stare decises :
putusan yang terdahulu mengikat hakim-hakim lain
untuk kasus yang sama
- Lex superior derogat lex inferior : hukum yang lebih
tinggi mengenyampingkan hukum yang lebih rendah.
Misalnya : UU terhadap Perpu.
With many examples and descriptions above, it is
asserted that the background of concrete rules,
because he is the general rationale underlying the
abstract and the birth of any rule of law. A legal
principle directions for the law makers and decision
makers 9

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CLASSIFICATION OF LAW
LAW
A. Based On Its Formal Source
1. legislated law
2. customary and traditional law
3. legal jurisprudence
4. treaty law
5. contract law
6. legal science
B. Based On Its Content Governed Interest
1. private law
2. public law
C. Based On Its Power/Character
1. imperative law/coercive law
2. facultative law

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D. Based On Its Scope
1. general law
2. special law
E. Based On Its Form
1. written
a) written law codified
b) written law not codified
2. unwritten law
F. Based On Its Location
1. national law
2. international law
3. foreign law
G. Based On Its Time (Duration)
1. positive law
2. expected law