1.

Law as rules and habits

Law as a Rule

Van Apeldoorn provides an excellent explanation as follows. For practicing legal experts, judges, lawyers
and in general for everyone, who actively participates in legal relations, law is a rule, an order or a
prohibition.[1]

For legislators who make regulations that the buyer must pay the buyer's price; for judges, 'who conduct
justice in the name of the King'; for the buyer who fulfills this by paying, the law is not a custom, but an
order that is promulgated, carried out or followed.[2]

Thus, according to this opinion, it can be concluded that the simplest form of law is a rule or rule. Rules
that contain orders or contain prohibitions.

Law As Habit

However, it is different for those who are not lawyers or judges, not buyers or sellers, in short for
outsiders, who practically have nothing to do with the regulation, but who merely look at it
theoretically, want to explain it and gain scientific understanding. knowledge. For him the regulation
does not contain orders, but contains habits.[3]

Professor of the University of Utrecht, H.J. Hamaker, in line with this opinion, puts forward the following
view. According to him, law is not a whole set of rules that determine how people should act towards
one another, but rather it consists of rules according to which in essence people usually behave in
society.[4]

There is nothing wrong with this view, for example, in indigenous communities which are still
communal, there are almost no technical rules and regulations like modern society, people live socially
on the basis of habits that are followed from generation to generation.

Based on these two basic views, both normative and sociological in nature, it can be concluded that the
basic form of law is 'rules' and 'customs'. Van Apeldoorn gives parables as 'quinine essence' for
sociological views and 'medicine for malaria' for normative views.[5] The two need not be contradicted.
Thus, the key word here: 'Law is the Rule as well as the Habit'.

2. Rules as a legal system

The legal system is the entire legal system which is an orderly unit, and consists of a number of sub-
systems (for example, the sub-systems of Constitutional Law, State Administrative Law, Criminal Law,
Civil Law, Commercial Law and Economic Law), which are interrelated and influence each other. Moving
on from this formulation, the national legal system must always be linked to the basis of the
Grondnorm, namely Pancasila, the 1945 Constitution, and General Law Principles, which are the
elaboration of the Grondnorm.
3. Legal Objectives and Legal Subjects

Objective Law

The division of law based on its first form is objective law, namely the law that applies generally to all
people in a country, region, or region regardless of the person or group and not only regulates the
relationship between certain people but regulates the relationship between two or more people. more
like the relationship between the community, the relationship between the community and the
community, and the relationship between the community and the country.

Objective Law is binding, so all people or communities that are part of the country are bound by this
Objective Law. Starting from people with the highest positions, community leaders, the richest people to
the poorest people must obey this law.

Examples of Objective Law

There are several types of Objective Law in Indonesia, but here we will only discuss 3 Examples of
Objective Law in Indonesia, namely as follows.

1. Criminal Law

Criminal law is a law that contains rules that determine what actions are included in things that
can be subject to criminal acts and also determine what punishments are given to perpetrators
of criminal acts. Criminal law plays an important role in regulating the order of a country. If there
is no Criminal Law, maybe people have done things as they please without thinking about the
impact and consequences they have to bear.

In Indonesia itself uses the Criminal Code (Book of Criminal Law) as a basic legal guide to
determine whether someone's treatment is included in a criminal act or not. The Criminal Code
itself contains articles that regulate the form of crime and the types of punishment that can be
given. Examples of criminal law include murder, extortion, fraud, corruption, rape, persecution
and so on.

2. Civil Law

Civil Law is a law that belongs to the category of Private Law whose function is to regulate rights,
obligations, and relationships between human beings, one person to another by prioritizing
individual needs. Examples of civil law include inheritance issues, default, land disputes, disputes
over ownership of an item and so on.

3. Commercial Law

Commercial Law is the law that regulates the relationship of one party to another related to
matters or trade matters. There is also another definition of Commercial Law, namely,
Commercial Law is a norm that arises in the business world or company activities. Generally,
 commercial law is closely related to the rights and obligations of economic actors with the
parties concerned.

Subjective Law

The Division of Law Based on its Second Form is Subjective Law, namely the law that arises from the
reaction of the Objective Law which is associated with certain people and applies to certain people and
then becomes the rights and obligations of that person. An example is the relationship that occurs
between the buyer and the seller, the buyer's obligation is to pay according to the price of the goods
purchased to the seller, then in it arises the seller's right to demand payment from the buyer.

Subjective Legal Division

Subjective law is distinguished or divided into two, namely as follows:

1. Absolute Rights

Absolute Rights are the highest rights that give power to certain people and this right must be
respected by others. Absolute rights can be divided into three groups, namely:

 Human rights

Is a right given by law to humans at birth into the world. Examples are the right to move freely
and the right to stay in a country.

 Absolute Public Rights

For example, the state has the right to collect taxes from its people

 Part of Private Rights

Some of the Private Rights consist of Human Personal Rights, Absolute Family Rights and part of
the Property Rights.

1. Human Personal Rights are rights to themselves that are given by law to us as humans and
cannot be given to other people or any other law.
2. Absolute Family Rights are rights that arise from the attachment of a relationship between
one family member and another family member.
3. Part of the Right to Property consists of material rights, which is an absolute authority
granted by law to legal subjects so that the subject can directly control the object wherever
it is located.

2. Relative Rights
 Relative rights are rights that give rights to people who are bound by certain things and have been
determined by law. Relative Rights are divided into three, namely as follows:

 Relative Public Rights

Public Rights Relatively exist or arise only on a certain person or legal subject. For example, the
State has the right to impose penalties on lawbreakers according to the criminal law and the
State also has the right to receive tax and customs money as stated in Article 23 of the 1945
Constitution.

 Relative Family Rights

Relative family rights are rights that are regulated directly in the Civil Code or the Civil Code. An
example is a husband and wife must look after and help each other which is regulated in Article
103 of the Civil Code.

 Relative Property Rights

Relative Property Rights, also known as Liability Rights, are property rights that are not included
in the ownership rights of an object or man-made object. An example is Budi selling his house to
Bambang. In the sale arises debt. On the one hand, the debt gives Budi the right to collect
payments and requires Bambang to pay for the house. On the other hand, the debt gives
Bambang to collect the handover of the house and Budi is obliged to hand over the house he is
selling.

4. Indonesia's Legal State Adheres to Three Legal Systems

As a state of law, Indonesia adheres to three legal systems at once that live and develop in society,
namely the civil law system, the customary law system, and the Islamic legal system. The three legal
systems are complementary, harmonious and romantic. Islamic law influences the pattern of law in
Indonesia because the majority of the population in Indonesia adheres to Islam which allows Islamic law
to be an important and influential part of the legal system in Indonesia. Meanwhile, customary law as
the original law that grows and develops from people's habits affects the process of enactment of law in
Indonesia. In fact, the values contained in customary law and Islamic law in Indonesia are used in the
formation of jurisprudence in the Supreme Court. This paper will explain how customary law and Islamic
law with an "unwritten" character are able to fill the legal gap of the Indonesian civil law system. The
research method used in this paper is a normative legal research method and uses several approaches,
namely the legal approach, the comparative approach, and the historical approach. This paper
concludes that legal pluralism in Indonesia can be a solution to the legal gap created by the rigidity of
the application of civil law. This rigidity can be overcome with the flexibility of the norms and values
contained in customary law and Islamic law, so as to create order in society.