Fidelia Abigail (01052200006)

Pak Alexander Wibowo

Introduction to Law
16 October 2020
MIDTERM EXAMINATION
Please write with your own understanding about the meaning and purpose of “law” as a
The term law has a broad definition and does not have a delineate definition since the
meaning continues to develop overtime. There are numerous definitions of law, nonetheless
there are two definitions given by legal experts that would promptly elucidate the term law.
The first definition is stated by Professor Kusumaatmadja, where he defines law as “norms
and principles that govern how a society live in order to provide order and institutions to
maintain order in that society”. Similar yet different to the first definition, Professor J. Kant
elaborates the idea of law as “the interconnection of all requirements that are empowered to
protect interests of each individual in that society”. It can be seen that regardless of how law
can be defined, the general understanding of law can be interpreted as a set of rules or general
standards of conduct by which it is established and enforced by the authorities like
government officials. In this sense, the concept of law are comprised of various things
including (but not limited to) norms – the standards of behavior in a society – as it is futile to
establish a law that does not parallel the lives of the society, enforcement by coercion
regularly – or else no one will oblige to the law, imposed by a person or persons authorized
by the society, as well as the stipulation by courts of law. With this, the law has a legal norm,
by which it is norms that has a binding power to individuals. Due to this, it can be said that
law is a social phenomenon. When society is formed or wherever there is a society, the law
within that society arises based on the agreement of members of the community, in order to
regulate the relationship between them. Then, the law that is acknowledge in a society can
only be enacted once it is authorized by a sovereign. Laws that are valid and applicable at a
certain time and in a certain place is known as positive law (ius constitutum). Whereas, laws
that are expected to apply in the future is called ius constituendum. The ius constituendum
can become an ius constitutum when the right time comes, and the ius constitutum can be
removed and replaced with a new positive law that is tailored to the needs of the constantly
evolving society.
The presence of the law is crucial in a community and society as the establishment of
law is birthed in order to protect every individual. Just like what Marcus Cicero once said,
“where there is a society, there is law”. But why so? Why can’t there be a society without a
law? Well, a society can first be defined as a group of people living together with the same
purpose. The reason for living together may include residence, heredity or even the
combination of both. When the existent of law is not present within a society, there would
just be chaos, disruption and endless war between an individual and another. As Thomas
Hobbes said, “To speak impartially both sayings are very true; that man to man is a kind of
God; and that man to man is an errant wolf”. With this said, the role of law evident, by which
it is to create peace, harmony, and order within the formation of a society. The achievement
of peace, harmony, and order is attained by the law through restricting individuals from
behaving inhumanely, reward those who does good to others, as well as to punish the
violators in order to create a preventive and repressive function. Therefore, the purpose of the
existence of law in a society is to ensure that the people will be able to feel a sense of peace,
justice, and harmony as well as to protect every individual’s rights.
Please write with your own understanding about how you can implement and practice
“legal science” in your future profession as legal practitioner (in this case an advocate
or in-house lawyer)
The study of law is considered a science as it has an object, a method, and a body of
knowledge regarding human relationship in terms of justice and order. By studying legal
materials, it helps train students to apply scientific approach in their studies as well as
enabling them to use their analytical skills to develop and solve legal issues, that can be
found everywhere. Moreover, science is the activities of the human mind in logical,
systematic, methodical patterns, in order to obtain critical reasoning of true knowledge about
something in a particular field, and to organize and systemize the process into a systematic
discipline that can be rationally understood. In order to acquire knowledge, according to
Mohammad Hatta, it must be based on the stories of others, one’s own experience, as well as
existing studies. Because of this, legal science opens up a broad range options in the field of
jobs to whoever and does not restrict them to have a specific job. For instance, while those
who take engineering are going to be entitled to work with constructions, individuals who
study law does not have to work in the court all the time. Law students are given the choices
to work anywhere, as they have the advantage due to their knowledge of legal science. With
this, the knowledge of legal science can be implemented and practice everywhere regardless
what jobs one will work on.
As an illustration, when working as an advocate or an in-house lawyer, it is very
important to apply the understanding of one’s legal science when dealing and resolving cases.
Although in-house lawyers may not deal with dispute, legal studies must also be used to
ensure that the contracts will be just and fulfilled by both parties. This is because legal
science has the objective to compile, systematize and evaluate laws, including the positive
law (status quo). First of all, when dealing with legal cases, the individual must have a strong
logic, as it is the basic principle of legal analysis. This is because solving a case requires the
use of logic and rational in relation to the principles of laws. It is useless to memorize and
understand legal studies but not being able to apply them in a real-life situation. Other than
the use of systematic-logical thinking, it is also relevant to systematically use legal principles
in order to be able to e resolve legal issues. This means that when resolving a case, the
individual must regularly systematize through coherently sequence their thinking and pattern.
Since legal cases often have similar problems, a pattern should be easily recognized by the
practitioner thus allowing them to solve disputes through precedents too. Hence why, the
methodical of cases should be fully understood so that one can understand and gain new
knowledge in the process of solving a case. Additionally, it is important that when solving a
case, maintaining a sense of justice is crucial so that everyone involved will receive a fair
outcome. That is why being critical is important to ensure that the practitioner will not accept
anything and be thorough so that they can result with a critical reasoning instead of simply
giving unjustifiable solution. When becoming an advocate or in-house lawyer, one can
implement and practice legal science by ensuring to fulfill the requirements above when
solving a case. Ultimately, other than using legal analysis to come up with a solution, it is
significant as well to apply legal reasoning. Analyzing without reasoning is ineffective, hence
why one must follow the six steps of legal reasoning, after analyzing the case thoroughly:
 1) Describe all relevant facts of an event that cause legal problems. Be sure to find and
hit on all the facts that are related to the case
2) Identify any applicable laws that can be used as the foundation of legal arguments. It
is important to mention the status quo of the topic to fully understand where the
problem currently stands. Then, collect and identify all the laws related to it
3) Analyze sources of law that are used to the applicable establish rules and policies. The
individual is free to use all laws; however, it must be kept in mind that the sources of
law is important to be considered as the law itself has its own hierarchy
4) Synthesize applicable legal rules into a coherent structure that are applicable.
5) Select, qualify, structure and develop facts that can be used to explain a legal event.
To be organize is really important, so that the individual will be able to classify which
groups are to be prioritized or more relevant while others are can just be a supporting
evidence.
6) Apply the structured rules on relevant facts to determine the rights and/or obligations
that can be established by the relevant facts, created by these relevant facts, as well as
referring to the policies that base rules to solve complex legal cases. Ensure that all
evidences and facts contain empirical evidences.
Therefore, it is important to ensure that as a legal practitioner in the future, it is crucial to
show commitment in implementing and practice legal analysis as well as legal reasoning
when solving a case, to ensure that what comes into conclusion is based on integrity and
fairness.
7)
Please write with your own understanding about how you can improve the quality of
society in Indonesia with applying principles of “rule of law”
The rule of law is a principle that governs every individual – including all persons,
institutions, public and private, and even the state – to hold accountable of the laws that are
publicly promulgated, in order to ensure that the laws are equally enforced. The rule of law
emphasizes and adheres on to several principles such as the importance that every individual
is equal before the law, supremacy of the law, fairness in the application of the law,
avoidance of arbitrariness, legal certainty, etc. The rule of law embraces the issues of
proliferation of hate speech, incitement to violence, radicalization/violent extremism, climate
change and environmental effect on the security and livelihoods of people, complexities of
artificial intelligence and cybercrime and many more. Thus, the rule of law functions as the
fundamental element to domestic and international peace, security, and political stability.
There are four universal principles of the rule of law. First, accountability, by which the
government as well as the public are accountable under the law. This means that everyone
must submit and oblige by the established laws. Second, just laws, where in this principle, the
laws that are established are lucid, publicized and stable. This signifies that the laws must be
applicable evenly to all and must protect the fundamental rights of every individuals. Third,
open government, that is to ensure that the processes by which the laws are enacted and
enforced are fair and efficient to all. Last, accessible justice, where justice is served and
administered promptly by qualified, ethical, and autonomous individuals, who are available,
have sufficient resources and embody the diversity of the communities they serve. By
acknowledging the principles of the rule of law, it is crucial to reflect and apply it in
Indonesia, in order to improve the quality of the society.
It can be seen that despite the existence of the rules of law, Indonesia still has a room
of improvement that can be fulfilled in order to improve the quality of society in Indonesia.
In the article 27, verse 1 of the 1945 Constitution, it stated that all citizens have the same
position in the law. The phrase equality before the law can be found in most state
constitutions as it is the norm that protects the human rights of the citizens. Equality before
the law signifies that every citizen must be treated fairly by the law enforcement officials as
well as the government. However, upholding the principle that all are equal before the law
comes with its hindrance. These hindrances may come in the form of juridical or political
obstacles, or even sociological and psychological obstacles. Indonesia have implement the
rule of law in its society, however, there are still obstacles that hinder the fulfilment of the
rule of law entirely, which in this case, one of the most biggest complication being bribery
and corruption as well as wealth inequality or wealth gap. Due to these obstacles, often times,
the people are treated with injustice and often neglected for the benefit of authority.
Therefore, actions must be taken to counter the obstacles of it, by tightening the principles of
the rules of law. There are many ways that can be done to encourage the enforcement of the
rules of law in Indonesia. Some of them include first, improving the quality of workers or
legal practitioners who have good insight into understanding legal principles, without easily
involved and based on political, economic or even selfish interests. They must have the
courage to stand up against the wrong doings and must side with the needy and not just to
those who are able to pay. The needy are those who are unable to afford to defend themselves
from being accused. These conditions be taken into consideration when choosing authorities,
including judges, public prosecutors, advocates, police, etc. By doing so, this can strengthen
the principle of the rule of law in Indonesia so that the quality of the society can be enhanced.
Another way that can be applied to the strengthening of the rule of law is by simply educating
the people regarding morality and righteously. By doing so, the citizen’s will grow to be wise
people and will then have the courage to argue and access the law properly, without being
easily influenced by hoax or other people’s words. Additionally, a proper and right education
will allow them to be sage in choosing the authorities who will reign over them yet also
prioritize the welfare of the people. Because with good election results, it will lead to good
leaders who are aware, unselfish, and will behave according to the law. Thus, it is important
that these adjustments should be made in order to reinforce the rule of law in Indonesia with
strict orders so that the quality of the Indonesian society can improve.