Thursday, March 28, 2013

sources of low

sources of low can be interpreted asv a valid ground that delivers power to make tle rules, do the deed,and the right and authority that must be obeted by the people. according to the battery Zevenbergen (1996), the sources of low is the sources of the law and / or the source of the cause of low. Furthermore, legal experts distinguish legal sources inti two types, namely the source material and formal law.

sources material law
legal sources material is a sources of law that binds the people to obey it as appropiate and legal awareness that comes from living in the community.
formal legal sources
formal sources of law are sources of law have binding legal forces and shall be guided by the way its formation received by the community. formal legal sources include legislation, customs, case law, treaties, and doktrin.

1. statue
the statue is a state regulation that has binding legal force, organized, and maintained by the state authorities.
2. customs
custom are human actions that remain to be done repeatedly in the same way.
3. jurisprudence
jurisprudence is a former judge's decision followed and used as the basis of decisions by judges next when facing the same case.
4. treaty
the treaty is an agreement between two or more contries on a matter. thus the treaty is an international treaty. if made two contries then called bilateral agreement, whereas when made or signed by more than two countries then known as multilateral agreement.
5. doktrin
if the judge will take a decision on the matter at handm but (1) the case is a rather unique case or has never happened so there are no laws that govern them, (2) is not a common practice in the community, (3) there has never been jurisprudence, and (4) there is no rule in the treaty then the judge may ask the opinion of doktrin.






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