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Definition, Elements, Characteristics, and Types of Law


Oct 21, 2020
Definition, Elements, Characteristics, and Types of Law

Law is an imperative for the life of the nation and state, because law creates order and justice in society. The law will regulate human behavior so that it does not act arbitrarily so as not to harm others. With the law the possibility of crime will be reduced, besides that the law also prevents authoritarian rule where the ruler acts arbitrarily. The law also allows protecting the rights of citizens, for that the state must be based on the law.
Definition of Law

There are various opinions of experts regarding the meaning of law, but here we discuss only the general meaning. Law is a system established by an authorized institution to limit human behavior, containing orders or prohibitions for doing something.

The legal task is to provide legal certainty in society.

The public has the right to a defense before the law so that the law can be interpreted: written rules and unwritten rules that govern the behavior of life in society and impose sanctions for anyone who violates them.

Elements of Law

Because there are various kinds of legal definitions and there is no single legal definition opinion that can be accepted by everyone, at least the definition of law must have these elements:

• The law will regulate human behavior, containing orders and prohibitions against something with the aim of not harming public interests and human behavior does not intersect.
• Legal regulations are established by competent authorities. Legal regulations may not be made by everyone, but institutions that have binding authority with the community
• The law is coercive. Laws are not made to be broken but to be obeyed.
• The law must have strict sanctions against every violator of the law.

Legal Characteristics

1. Regulations regarding human behavior in society
2. Regulations are monitored by the competent authority
3. Regulations are compelling
4. Strict sanctions against offenders
5. Contains orders or restrictions on something
6. Orders and prohibitions must be obeyed by everyone