Law as a Social Norm

Ubi Societas Ibi Ius

Wherever society is, there
is law
 Since when did society
begin existing?
• Historically, it is not found a solitary life
of human being outside society
• Social life is modus of survival for
human being
• Naturally, human is social being
 Two Aspects of Social
Existence
• Physical aspect
• Existential aspect
 Physical and Existential
Aspects
• Physical aspect refers to the
nature of human being that is
physically existent:
– Food, drink, find shelters, and
procreation
• Existential aspect deals with
things that signify the
difference between human
being and other living being
– Love, recognition, reputation,
honor, etc.
 The Meaning of Existential
Aspect to Social Existence
• It serves to be an integrative
instrument of the creation of
associatively and cooperatively
social existence
– Love, which is feeling of affection to
another and desire for togetherness,
spurs creation of human institutions
 Institution
• Ritual
- If it deals with the relation between
society and something outside itself
• Norm
- If it deals with the relation between
individuals in social life
 Moral
• It is a norm that enables a human being
coexists with another
• It limits one’s act and will
• It serves to be a reference of what is
allowed or not allowed and what should
be
• It is a basis for everyone to make a
decision
 The Meaning of Moral in
Social Existence
• Feeling of affection to another and desire
for togetherness is inherent in human
being
• Moral arises out of the feeling and desire
• It is a basis for maintaining human society
survival
• It spurs human mind to create institutions
for social existence
 Moral and Religion
• Religion bears moral values, even the
source of moral
• Moral, however, should not be based on
religion
• Religion is based on faith
• Moral arises out of feeling of affection and
desire for togetherness

Is an atheist moral?
 Human Being is a Social
and Cultural Being
• The human’s ability to speak serves to be
a cohesive factor for social life
• The ability to speak enables humans
communicate each other within their
areas
• By communication human may express
his/her emotion to his/her peer
• The human’s need, therefore, is not only
physical matter but also the need for
recognition of his/her existence
Gabriel Marcel
As long as death plays no
further role than that of
providing man with an
incentive to evade it, man
behaves as mere living
being, not as an existing
being
The Significance of Existential
Aspect
• Serves to be a cohesive factor for
associatively cooperatively social life
• Human’s love to each other and spirit of
togetherness spur the mind to create
institution

The human’s love to each other and

the spirit of togetherness are called
Moral
 Moral and Institution
• Institutions are essential parts of human’s
social life
• The institutions are created because of love
and spirit of togetherness or because of
moral
Moral is a foundation for
institutions, which are essential to
the life of human being
The Existence of Law in Society
• Norms are laid down into specified rules
of conduct
• The rules set out individual’s conduct in
society
• The rules are well accepted and
internalized by the society so concerned
• Such rules are called law
Law may either be written or
unwritten
 Law
• Consists of rules of external
conducts of individual and that
do not deal with human’s mind
• Should be based on moral
• Not necessarily be made by
formal authority
• Not always be equipped with
sanction
 Article 163 of Indische
Staatsregeling (I.S.)
• Stipulated three groupings
• the Europeans
• the Foreign Orientals
– Chinese
– Non-Chinese
• the Indigenous Indonesians
• Court was split into courts designated for the
Indigenous Indonesians and those reserved to
the Europeans
• Article 131 I.S. differentiated law applicable for
Europeans and Chinese and that is applied to the
Indigenous Indonesians
 Nazi’s Law
• Defined who considered to be Jews
• It is enacted to justify Jews massacre
 Article 62 of Commercial
Code
Makelaar is an intermediary seller
appointed by the Governor General (now,
the President) or by one who is
authorized by the President to do so ...
Before carrying out their job, they are
sworn in before Higher Court whose
jurisdiction covers their offices that they
will honestly execute their obligation
 Brokers
• Property broker
• Insurance broker
• Stock market broker
• etc.
⮚ They are appointed by the respective
company that employs them
⮚ They are not sworn in before Higher
Court
⮚ They do their job as intermediary sellers

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 Article 39 of Act No. 30 of 2004
on Notary

(1) Attendant should satisfy the

following requirements:
a. at least 18 (eighteen) years old or has
got married; and
b. capable of doing legal act

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