In every position of economic life very dbutuhkan by each country, both developed countries and developing countries want the smooth running of the economy. Thus requiring obedience-obedience in every economic process. With the economic aspects of the law in any way regulate the economy, will facilitate and regulate the economy with the rules that have been determined and made a deal.
Many people who abuse the rule of law and economics. That should have been executed in accordance with prescribed rules, but because they want the ease or fluency faster so he changed the rules. Here is actually how the rules in the economy must be carried.
v UNDERSTANDING THE LAW
Law is a system that is important in the implementation of a series of institutional powers of the misuse of power in politics, economics and society in numerous ways and act, as the main intermediaries in the social relations between communities against criminalization in criminal law, criminal law means the state can prosecute berupayakan actors in constitutional law provides the framework for the creation of law, protection of human rights and expanding political power as well as the way in which their representatives will be selected. Administrative law is used to review the decisions of government, while international law regulating the issue between sovereign states in activities ranging from trade to environmental regulation or military action.
v RULES AND LEGAL NORMS
Rule
of law is the rule or the dipositifkan made officially by the public
authorities or state authorities , and the enactment of binding any person can
be forced by public officials or state officials , so that the entry into force
of the rule of law can be maintained . Rule
of law is addressed to an attitude born of human or real actions by humans . Rule
of law does not care whether a person's inner attitude is good or bad , he is
aware of is how that person acts lahiriyah . Let
us consider the following example , there was a man marries a woman is valid
according to the rules of religion and state , but in fact no bad intention in
his heart to drain the wealth of the woman and others - others . From
these examples it lahiriyah in accordance with the rule of law because he was
married to the track but the actual law does not violate the inner man is bad .
Because
there is rule of law, the rule of law can be seen as . Law
as a rule is a guideline or standard follow attitude or perikelakuan
appropriate or expected . In
this context, the public perceives that a law standards or guidelines they
should do or should not do them . In
this meaning of the rules of customary chief or village elders that they must
obey the law could be considered , although not in written form . Common
practice that was followed in a society though not formally written down , but
as long as he followed and adhered to , and if that trying to break is
sanctioned , the habits of the people is also considered as legal .
v UNDERSTANDING ECONOMICS AND ECONOMIC LAW
Economics is the study of human behavior in selecting and creating prosperity. The core economic problem is the imbalance between human needs that are not limited by the means of satisfying the needs of a limited number. The problem was then led to the emergence of scarcity (Ingg: scarcity). Economic law is a causal association or linkage of economic events that are interconnected to one another in everyday economic life in society.
v STATE OF CIVIL LAW IN INDONESIA
To understand
the state of civil law in Indonesia, we need to know the political history of
the Dutch East Indies government's advance against the law in Indonesia .
Political guidelines for the government of the Dutch East Indies in Indonesian
law is written in Article 131 ( IS ) previously Article 131 ( IS ) , namely
Article 75 JJR which the subjects as follows :
Civil law and
trade ( as well as along the Criminal Law and the Civil Procedure Code of
Criminal Procedure should be put in the book of the law is the codification ) .
For Group
European nations must be adopted legislation in force in the Netherlands
(according to the principle of concordance ) . For groups of Indonesia Original
and Foreign Orientals , if it turns out that the needs of society they wish ,
it can be regulations otherwise applicable to the European nations for them .
Original
Indonesian people and Orientals , as long as they have not been subjugated
under a rule along with the Europeans , allowed subjecting himself to the law
applicable to the Europeans . This subjugation may be done either in general or
in just about a particular action .
Previously the
law to be written in the Indonesian nation Act , then for them it will remain
valid law now applies to them , ie Customary Law .
v SYSTEMATICS OF LAW IN INDONESIA
Law
is a set of rules that contains commands and prohibitions are made by the
authorities so that they can be forced to adjust its enforcement function for
the creation of public order is accompanied by sanctions for violators
One
area of the law governing the rights and obligations on the subject of the
relationship between law and legal subjects . Civil
law also called private law or civil law as opposed to public law . If
public law regulating matters relating to the state and public interests ( eg
political and electoral ( constitutional law ) , activities of daily
administration ( administrative law or state administration ) , crime (
criminal law ) , then the civil law governs the relationship between
resident or citizen of everyday life, such as maturity , marriage , divorce ,
death , inheritance , property , business activities and actions that are more
civil .
There
are several legal systems prevailing in the world and the differences of the
legal system also affect the field of civil law , such as the Anglo-Saxon legal
system ( ie the legal system in force in the United Kingdom and Commonwealth
countries or countries that are affected by the UK , for
example the United States ) , the continental European legal systems , the
communist legal system , the system of Islamic law and other legal systems . Civil
law in Indonesia is based on civil law in the Netherlands , in particular Dutch
civil law in the colonial period .
Even
the Book of the Law of Civil Law ( known Civil Code . ) Prevailing in Indonesia
is nothing but the translation is less precise than Burgerlijk Wetboek ( known
as BW ) prevailing in the kingdom of the Netherlands and enforced in Indonesian
( and Dutch colonies ) based on the principle of concordance . For
Indonesia, which was then called the Dutch East Indies , BW put into effect
from 1859. Civil law itself was adapted from the Dutch civil law in force in
France with a few adjustments .
Conclusion :
That any economic activity requires legal certainty in Regulates every economic activity, in order to provide smooth operation in every course of economic activity. With the smooth economic activities to provide maximum results and the effect on economic growth. Legal certainty clear, firm and fair creates economic activity that is consistent with economic development, thus providing pertumbumbuhan economy as expected.
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