INTRODUCTION TO JURISPRUDENCE (4 Credits)

Learning outcomes:

On successful completion of this course, students will be able to: Explain the meaning of norm/rule in society; Describe the various perspectives or theories of law and the structure and system of law; Analyze the problems of law in society and the implementation.

Topics:

1. Law as nomos and norm. – Value, principles, norm – Customs as norm (micro & macro perspectives);
2. Social norms;
3. Juridical & metalegal norms – Characteristics of juridical norm & its consequences – Characteristics of metalegal norm & its consequences – Various examples of juridical & metalegal norms;
4. Law as a system – Theory of system – Characteristics of law as a system – Legal system & legal order – Legal system & social system – Elements of legal system;
5. Functions, objectives, & validity – Three main functions of law – Three main objectives of law – Three main validities of law;
6. GSLC: Science tree of legal discipline – The history of legal discipline – The structure of legal discipline;
7. GSLC: – Task of legal philosophy,  – Task of legal theory,  – Tas of legal dogmatics – Empirial legal sciences – Quiz; Multidisciplinary approaches of law – Philosophical approach – Juridical approach – Historical approach – Sociological approach – Political approach;
8. Various concepts of law – Legal entity & legal object – Legal action & consequence – Objective & subjective laws – Power & authority;
9. Sources of law – material & formal legal sources – Various examples of legal sources – Relations between legal source & legal thought;
10. Characteristics of public law – Concepts of public law – Branches of public law – Important issues in public law;
11. Characteristics of private law – Concepts of private law – Branches of private law – Important issues in private law;
12. Law as the principles of justice and truth – Various notions of legal justice  – Various notions of legal truth – Implementation of the principles of justice & truth;
13. Law as the norm of legislation (1) – Legislation as legal source & in material & formal meanings – Position of legislation in some legal systems – Strengths & weaknesses of legislation as legal source;
14. Law as the norm of legislation (2) – Elements of exclusion, subsumption, derogation, non-contradiction – Hierarchy of legislation – Primary & secondary norms – Important issues in legislation;
15. Law as the norm of customs (habitual practice) – Customs as legal source – Relations between customary law, adat law, and religious law – Important issues in customs;
16. Law as court decision – Notion of court decision & precedents – Elements of judge-made law – Sustain implementation of judge-made law – Important issues in judge-made law;
17. GSLC: Legal history (1) – During ancient Greece – During Roman empire – During modern time;
18. GSLC: Legal history (2) – History of civil code – History of criminal code – Quiz;
19. Law enforcement & judicial law-making (1) – Concept of law enforcement – The meaning of method of judicial law-making – Interpretation & construction – Legal fiction;
20. Law enforcement & judicial law-making (2) – Examples of interpretation – Examples of construction – Examples of legal fiction – Judicial law-making in practice;
21. GSLC: Family legal system (2) – Identification of Indonesian legal system – Influences of civil and common law systems – Strengths & weaknesses in every family legal system;
22. Principles of law in general – Ignorantia  juris non excusat – Equality before the law – Similia similibus – Summun ius summa iniuria – etc;
23. Legal principles in some sectoral law (1) – Examples of criminal law principles – Examples of criminal procedural law;
24. Legal principles in some sectoral law (2) – Examples of private law principles – Examples of private procedural law;
25. Legal principles in some sectoral law (3) – Examples of international law principles – Examples of private international law.