Business Law and Application

Oct 13, 2020 Employment Law

For that it is also a good idea for the author to provide a legal definition as our reference for studying Business Law courses. The legal definition of experts has not yet been unified. Each of them defines something different but the meaning is the same. Perhaps that is the hallmark of social science that a definition does not have to be standardized. It is different with exact science, a definition must be constant and must not change.

However, when we study positive law, namely the applicable law in a country such as Indonesia, of course we need a definition limit as a reference / guideline so that we will easily learn a law.Why do people still need laws? Even though in everyday life there are already some kind of living rules that govern their daily interactions. The living regulations in question are norms / rules, such as religious norms, norms of decency, norms of decency. Where these norms have grown and developed in community life. Why is the legal norm still needed.

In short, it can be said that the need for legal norms is because the three norms are not able to directly provide a sense of justice and truth to society. Religious norms only apply to their respective religions, not completely to other religions. The norms of decency and decency also only apply to certain groups. Because it could be that one group thinks this is impolite / immoral while the other group is polite / immoral.

For that we need a norm that regulates equal and comprehensive interests in its enforcement without exception. In law it is known by the term apply unification (applies to all groups). Norms like this can apply as a whole because in the making of norms it is clear, both the procedure for making them, the form and who makes them. The procedure for making it must refer to the interests of the community which must be protected. The form must of course be written which is known as the legality principle. Whereas who made it is of course the institution with the authority as a representative institution with an interest (the people).

Law? What is the law? Lots of experts provide legal definitions. There is no definitive similarity to these definitions. This said Prof. Dr. Satjipto Rahardjo, SH, the realm of law is very broad. However, although experts do not have the same definition. The essence and purpose of the definitions of these experts are the same. Legal experts agree that with complexity and multi-perspective, law cannot be defined in a comprehensive and representative manner. As pointed out by Van Apeldoorn, a definition for “law” is impossible. This statement is not a pessimistic view, but is based on the fact how complex and multi-perspective it is to define law. In his book entitled Inleiding tot de studie van Het Netherlandse Recht, 1955, Apeldoorn states that the law is many aspects and includes all kinds which makes it impossible for people to make a definition of what the law really is

Some legal definitions:

1. Van Apeldoorn, the law is many aspects and so broad that it is impossible to express it in (one) satisfactory formula.

2. I Kisch, because the law cannot be grasped by the five senses, it is difficult to make a satisfactory definition of the law.

3. Lemaire, the law which is many aspects and includes all kinds of things makes it impossible for people to make a definition whatever the law actually is.

4. Drs. E. Utrecht, SH, Law is a collection of rules (orders and prohibitions) that govern the order of a society and therefore must be obeyed by that community.

5. BC. Amin, SH, Law is a collection of regulations consisting of norms and sanctions.

6. J.C.T. Simorangkir, SH & Woerjono Sastroparnoto, Laws are regulations that are forcing, which determine human behavior in the community which are made by authorized bodies, which violations of these regulations result in taking action, namely certain punishments.

7. M.H. Tirtaatmidjaja, SH, Law is all the rules (norms that must be obeyed in the behavior of actions in social life with the threat of having to compensate etc.

8. Van Vollenhoven (Het adatrecht van Nederlandsche Indie), Law is a symptom in social life which is constantly fluctuating in a state of collision which collides incessantly with other symptoms.

9. Wirjono Prodjodikoro, law is a series of rules regarding the behavior of people as members of a society.

10. Soerojo Wignjodipoero, law is a compilation of life regulations that are forcing, containing an order, prohibition or permit to do nothing and with the intention of regulating order in people’s lives.