A house building will not stand firm if there is one of the elements of the building was not contained therein, such as in building houses if there are deficiencies in the building pillars that support the establishment of the building, it will easily collapse during an earthquake. Likewise with a country, in building a state required elements to build and maintain the viability of the country. The elements that form a governing bodies or commonly known as the state apparatus.
How important elements of the country, so Prof. Mr. Cornelis Van Vollenhoven in 1919 wrote in his book entitled "Thorbecke en het Administratiefrecht" as follows: government agencies without the rules of Constitutional Law can be likened to a bird that paralyzed his wings, because those bodies do not have the authority or authority of uncertainty, whereas the organs or state officials without the regulations of the State Administration Law is like a bird who fly freely because their wings by these organs can do offhand authority.
Once the importance of the organs of state, the necessary laws to regulate and maintain continuity so as not to cause problems that interfere with the viability of a country.
A law is not created just like that, but there are sources that cause or influence the formation of law and legal sources is very diverse forms.
B. Problem Formulation
1. What is understanding the source of law?
2. What is the role of Pancasila as the source of law?
3. How is the distribution of sources of law in the sense of formal and material?
4. What is the legal source of understanding sociological, historical, philosophical, and juridical? C. Library Review
As a study trying to peel about the source of normative law of the State Administration Law, would need a supporting data from studies conducted from various existing studies related to this study, there are good books that have relevance to the source of normative law of the State Administration Law which became a reference of writing this paper presented.
A book which advocates the writing of this paper is the work that was written by Ridwan HR with the title of the State Administration Law which was published by PT Raja Grafindo Persada describes the state administration.
D. Writing Methodology
The method used in the writing of this paper is a research library that is the writing that is done by assessing and reviewing the literature relevant to the title of this paper.
CHAPTER II
DISCUSSION
SOURCES normative law HAN
Understanding Law Resources
There is some understanding of the sources of law: everything that is in the form of writings, documents, manuscripts, etc. used by a nation as a guide to life in a certain period. According to Zevenbergen, the source of law is a source of law, or sources that cause the law. C.S.T. Kansil mention that is the source of law is, what is causing all the rules that have a coercive force, namely the rules that when violated result in strict penalties and real. What is meant with all things, are the factors that influence the emergence of law. According to Achmad Ali sources of law is a place where we can find the law. But keep in mind also that sometimes a source of law is at once a law, for example, the judge's decision.
Activities of State Administration Law that includes the administration of the country which is national and international as well as current global developments, of course, make that the source of state administrative law can be derived from a source of national law based on legislation in force in Indonesia and other sources of international law such as international treaties between Indonesia and other countries and also in the form of international conventions have been ratified.
Pancasila as a Source of Law
As stipulated in the provisions of Provisional People's Consultative Assembly (MPRS) No.XX/MPRS/1966, which was declared invalid by Legislative Act on Judicial No.V/MPR/1973 Products Assessment-Assessment Form Provisional People's Consultative Assembly of the Republic of Indonesia. MPR No.IX/MPR/1978 about the need for improvement as detailed in Article 3 provisions No.V MPR / MPR / 1973, Pancasila is stated as the source of all sources of law. As for the meaning of "source of all sources of law" is a view of life, consciousness and ideals of law and the ideals of individual freedom, independence, humanity, social justice, peace and Mondial national political ideals concerning the nature, form and destination countries, the moral ideals of life and religious kemsyarakatan as pengejawatahan of Human Conscience Buri. As stated in the MPRS Decree No. XX/MPR/1966 about the DPR-GR Memorandum Concerning the Legal Code of the Republic of Indonesia and Sequence Laws republic of Indonesia, Pancasila it manifests itself in:
a. Proclamation of Independence August 17, 1945;
b. Decree July 5, 1959;
c. Proclamation of the constitution; and
d. Warrant March 11, 1966.
As for the meaning of the Declaration of Independence August 17, 1945 Indonesia is the nation's independence declaration which was read by Ir.Soekarno which reads as follows:
Proclamation
We Indonesian people hereby declare independence of Indonesia. Matters concerning the transfer of power and others will be held with the carefully and within the shortest possible time.
Jakarta, August 17, 1945.
On behalf of the Indonesian Nation
Soekarno - Hatta
July 5, 1959 decree is a decision of the President of the Republic of Indonesia that contains:
a. Dissolution of the Constituent Assembly;
b. Re-enactment Act of 1945 and no longer force Dasat Meanwhile Act 1950; and
c. Establishment of Provisional People's Consultative Assembly and the Provisional Supreme Advisory Council.
Referred to the Proclamation of the Constitution is the Constitution of 1945, which consists of the Preamble (Preambule), Body which includes 37 chapters, Transition Rules, Supplementary Rules and Explanations. Pancasila as the embodiment of the fourth source of law is the letter of instruction to March 11, 1966. The letter of instruction to the President of the Republic of Indonesia March 11, 1966, among others, contains the command to Lieutenant General Seoharto, Minister / Commander of Land Forces, for and on behalf of the President / Commander in Chief of the Armed Forces of the Republic of Indonesia / Leader of the Revolution, take any action deemed necessary, to guarantee security and peace and stability in the way Government and the course of the Revolution, and ensure personal safety and authority of the leadership of President / Commander in Chief of the Armed Forces of the Republic of Indonesia / Indonesian Revolution and the Great Leader must carry out with all the teachings of the Great Leader of the Revolution.
Distribution of Sources of Law In Understanding Formal and material
a. Legal Source Material
Substantive legal community were factors that influenced the formation of law (influencing lawmakers, affect, and others), or as factors that did influence the material (content) of the rule of law. The source material helps the formation of a law. In various legal literature there are three types of substantive legal authority, as follows:
• Source of Legal History
• Sociological Law Resources
• Philosophical Law Resources
• Legal Resources Yurisdis
b. Formal Law Resources
Formal legal sources, ie various forms of existing legal rules and just looked on the manner and form that gave birth to positive law, regardless of where the content of legal rules. Sources of formal law is also interpreted as a place or source from which a regulatory legal power. It deals with the form or manner that causes the rule of law that applies formal. Sources of administrative law in the formal sense of this country consists of:
• Act of 1945
As is known, the basic laws of 1945 set by the preparatory committee of Indonesian independence on August 18, 1945. Act of 1945 also regulates the three things that are fundamental, that is a guarantee of the existence of the rights and obligations of human rights, fundamental constitutional arrangement and restrictions as well as the division of state administration tasks are also fundamental. Although the Constitution of 1945 only consists of 37 chapters in it but has set the basics in various fields of life.
• Decree of the People's Consultative Assembly
Ketepan the Assembly created and set by the People's Consultative Assembly. The meaning of the provisions of the MPR is the decision of the Assembly which have the force of a binding exit (MPR) and into (MPR), while the Assembly's decision is the decision of the Assembly which have the force of binding to the course. Although both the MPR decision was made and issued by the Assembly, but only Ketepan MPR has an important meaning in law.
• Law and Government Regulation in lieu of Law
As stipulated in article 5 paragraph (1) jo article 20 of the 1945 Constitution, the rule named this law is the product of legislative president (government) together with the House of Representatives. Thus the initiative to propose draft laws to come from the president (government) and can also come from the House of Representatives.
• Government Regulation
Government regulations are made and dikeluarakan by the president to implement the law. Government regulations contain the rules that are general.
• Presidential Decree
As well as government regulation, the President's decision was issued by the President. However, unlike government regulation that includes rules that are general, presidential decree containing a decision of a special nature.
• Regulation of the Minister and the Decree of the Minister
Regulation of the Minister is a regulation issued by a Minister that contains the provisions concerning their respective sectors. In addition to the Minister, is still found in the Decree of the Minister and the Decree of the Joint (two or more) of the Minister. What is meant by the Decree of the Minister is the Minister who is special about teretentu problems in their respective sectors.
• Local Regulations and the Decision of the Head region
In Article 38 of Act was determined that the Head of the Region with the approval of the Regional Representatives Council set a regional regulation. Decision of the Regional Head set by the Head of the Region to implement the Regional Regulation or affairs within the framework of co-administration.
• Jurisprudence
Jurisprudence is a legal doctrine which is composed of and within the judiciary, which is then used as the foundation of law. In addition to the above pengetian, jurisprudence also be interpreted as a set of court decisions arranged systematically.
• Law No Written
In her notes in the Constitution of The 1950, Soepomo said that is the unwritten law is the law which was not formed by a legislative body, namely the law of life as a convention in state legal bodies (Parliament, Council and Regional Representatives etc.), the law arising from decisions of judges and the law of the living habits in society.
• International Law
International law is the overall rules and principles governing the relationships or issues that cross national borders.
• Decision of the State Administrative
• Doctrine
Doctrine is the opinions of experts in their respective fields of influence. Dikemukan opinion is often used as a resource in decision-making, especially by the judges.
Understanding Sources of Law In Understanding Sociology, History, Philosophy, and Yurisdis
1. Sociological Law Resources
In sociological terms the legal sources include faktir-social factors that influence the content of positive law, meaning that certain legal rules reflect the fact that life in society. In a society such as industrial or agricultural society, the ruling must be in accordance with the reality that exists in industrial society or the agricultural society. The fact it can be either the needs or demands or problems faced by such problems or agricultural labor, employer and labor relations or farmers and landowners, and others. Furthermore, the fact that life in society as a sociological basis should also include the trends and expectations of society. Without these factors include trends and expectations, the legislation merely recording the instantaneous consciousness (moment of hospitalization), things like that will cause paralysis of the role of the law. In a sense the source of this law, the making of laws and regulations should also be noted social and economic conditions, social relationships, situations and political developments, as well as international developments. Because the factors that influence the content of the rules were so complex, it is in the making of regulations required input from various scientific disciplines, namely involving economists, historians, political scientists, psychologists, and so forth in addition to its own legal experts. Even if the making of these rules shall be done by a lawyer, then as noted by Hari Chand, citing fter-s-law expert Julius Stone must have other knowledge such as history, anthropology, sociology, economics, politics, and other social sciences, for then examine the concepts and ideas of law with the perspective of other social sciences. That way it is expected that the resulting legal rules in accordance with the realities of public life. On the other hand, as a social phenomenon, must also be understood that the law was changed along with changes in society or hanging with social change.
2. Historical Law Resources
In a historical sense, understanding the sources of law has two meanings: first as a source of introduction (the find) the law at any given moment, secondly, as a source where to make laws to take the material in the form of legislation. In the first meaning, the historical sources of law include the law, decisions of judges, writing legal experts, as well as writings that contain all the non-judicial notice of legal institutions. The second meaning, the historical sources of law include the Roman legal systems, the French legal system, and so forth. In addition, documents and letters pertaining to legal information at the time and place tertentu.dalam this second meaning, there is a saying: it was not intended that history makes us understand all things, but at least allows us to better understand something that has a history, when we understand the history of the premises in respect of that something. Means that premises to understand the history of a particular law would be better, at least - at least to understand the context of a particular statute. Additionally with the law who were not born from a vacuum situation or circumstances that prison for many events that is happening and when formed and the implementation of the law.
3. Philosophical Law Resources
Sources of law in a philosophical sense has two meanings, first as a source of law, the second as a source of law to comply with obligations of law or as a source for the binding force of law, to answer the question: why we should obey the law. According Sudikno Mertokusumo, about the source of legal content, original content is here asked that law. There are three views that attempt to answer this question, namely:
1. Theocratic views: legal content comes from god
2. View of natural law: the legal content derived from the human mind
3. View of the historical schools: legal content derived from the legal consciousness
Meanwhile, the source of binding law of the law, why the law has binding force, why do we subject to the law. Binding strength of the rule of law is not based solely on coercive power, but because most people are motivated by reasons of morality or trust.
Morals or beliefs are values that are used as references for the community, as well as other values such as truth, justice, order, prosperity, and value-ailai other positive, which generally become law or rechtside ideals of society. In other words, the legal source for a philosophical meaning of law as rules of behavior include positive values.
It was mentioned that the state administrative law is the law relating to government or state administration. state administrative law contains rules that are made are made by legislators and partly created by the state administration itself. The legislation, which is the content of state administrative law, legislators and state administration to take the historical materials of various legal systems in existence at the time and place, watching the social factors which live and develop in society , and filling legislation with positive values that become rechtsidee community.
4. Juridical Law Resources
Juridical Law Resources, an application and a direct translation of the philosophical sources of law in terms of Juridical Resources Law, an application and a direct translation of the philosophical sources of law in terms of ideological, who held the distinction between sources of formal law and substantive legal. ideological, held the distinction between sources of formal law and substantive legal.
a. Legal Source Material, is the source of law in terms of its content for example: materiilnya terms of the Criminal Code is set on the common criminal, crimes, and violations. Civil Code, in terms of materiilnya set of problems people as subjects of law, goods as objects of law, commitments, agreements, verification, and expired.
b. Formal Sources of Law, is the source of law in terms of juridical in the formal sense that is ource law in terms of common form consists of: the Act, Customs, Treaties, Jurisprudence, Treaty
CHAPTER III
ANALYSIS
In perjalannanya, normative sources of the State Administration Law is not always used by the government in making regulations. However, in certain problems the government can take their own decisions without reference to existing sources such as natural disasters, the government may take action deemed appropriate and in accordance with the circumstances that occurred. However, in normal conditions, the government in taking and making a policy must consider the sources of existing law, because it can affect the process of enforcement and implementation of policy.
Government policies regarding the current state administration is less effective because of the government's policy-making prosees less attention to the sources of law that there is so less in accordance with the circumstances that occurred in the field. The sources of law in the form of Pancasila, the legal source material and source of formal law.
CHAPTER IV
CLOSING
1. Conclusion
In a law there are sources that influence the formation of a law. Among the sources that affect the laws are:
A. Substantive legal
In various legal literature there are three types of substantive legal authority, as follows:
• Source of Legal History
• Sociological Law Resources
• Philosophical Law Resources
• Legal Resources Yurisdis
B. Sources of law formill
Sources of administrative law in the formal sense of this country consists of:
• Act of 1945.
• Decree of the People's Consultative Assembly
• Law and Government Regulation in lieu of Law
• Government Regulation
• Presidential Decree
• Regulation of the Minister and the Decree of the Minister
• Local Regulations and the Decision of the Head region
• Jurisprudence
• Law No Written
• International Law
• Decision of the State Administrative
• Doctrine
2. Suggestion
Legal order in accordance with the public and can be run effectively, then you should:
1. Law is designed well, the rule is clear, easy dipahani & full certainty.
2. In drafting a law or statute, the government must consider the sources of existing law without leaving each other for a proper balance between law and the conditions in the field.
Bibliography
Kansil, C.S.T. 1989. Introduction to Law and Procedure Law of Indonesia. New York:
Balai Pustaka
HR, Ridwan. 2011. State Administrative Law. Jakarta: PT Grafindo Persada
Hadzon, Philip M. 2005. Introduction Administrative Law Indonesia. Yogyakarta: Gadjah Mada University Press
How important elements of the country, so Prof. Mr. Cornelis Van Vollenhoven in 1919 wrote in his book entitled "Thorbecke en het Administratiefrecht" as follows: government agencies without the rules of Constitutional Law can be likened to a bird that paralyzed his wings, because those bodies do not have the authority or authority of uncertainty, whereas the organs or state officials without the regulations of the State Administration Law is like a bird who fly freely because their wings by these organs can do offhand authority.
Once the importance of the organs of state, the necessary laws to regulate and maintain continuity so as not to cause problems that interfere with the viability of a country.
A law is not created just like that, but there are sources that cause or influence the formation of law and legal sources is very diverse forms.
B. Problem Formulation
1. What is understanding the source of law?
2. What is the role of Pancasila as the source of law?
3. How is the distribution of sources of law in the sense of formal and material?
4. What is the legal source of understanding sociological, historical, philosophical, and juridical? C. Library Review
As a study trying to peel about the source of normative law of the State Administration Law, would need a supporting data from studies conducted from various existing studies related to this study, there are good books that have relevance to the source of normative law of the State Administration Law which became a reference of writing this paper presented.
A book which advocates the writing of this paper is the work that was written by Ridwan HR with the title of the State Administration Law which was published by PT Raja Grafindo Persada describes the state administration.
D. Writing Methodology
The method used in the writing of this paper is a research library that is the writing that is done by assessing and reviewing the literature relevant to the title of this paper.
CHAPTER II
DISCUSSION
SOURCES normative law HAN
Understanding Law Resources
There is some understanding of the sources of law: everything that is in the form of writings, documents, manuscripts, etc. used by a nation as a guide to life in a certain period. According to Zevenbergen, the source of law is a source of law, or sources that cause the law. C.S.T. Kansil mention that is the source of law is, what is causing all the rules that have a coercive force, namely the rules that when violated result in strict penalties and real. What is meant with all things, are the factors that influence the emergence of law. According to Achmad Ali sources of law is a place where we can find the law. But keep in mind also that sometimes a source of law is at once a law, for example, the judge's decision.
Activities of State Administration Law that includes the administration of the country which is national and international as well as current global developments, of course, make that the source of state administrative law can be derived from a source of national law based on legislation in force in Indonesia and other sources of international law such as international treaties between Indonesia and other countries and also in the form of international conventions have been ratified.
Pancasila as a Source of Law
As stipulated in the provisions of Provisional People's Consultative Assembly (MPRS) No.XX/MPRS/1966, which was declared invalid by Legislative Act on Judicial No.V/MPR/1973 Products Assessment-Assessment Form Provisional People's Consultative Assembly of the Republic of Indonesia. MPR No.IX/MPR/1978 about the need for improvement as detailed in Article 3 provisions No.V MPR / MPR / 1973, Pancasila is stated as the source of all sources of law. As for the meaning of "source of all sources of law" is a view of life, consciousness and ideals of law and the ideals of individual freedom, independence, humanity, social justice, peace and Mondial national political ideals concerning the nature, form and destination countries, the moral ideals of life and religious kemsyarakatan as pengejawatahan of Human Conscience Buri. As stated in the MPRS Decree No. XX/MPR/1966 about the DPR-GR Memorandum Concerning the Legal Code of the Republic of Indonesia and Sequence Laws republic of Indonesia, Pancasila it manifests itself in:
a. Proclamation of Independence August 17, 1945;
b. Decree July 5, 1959;
c. Proclamation of the constitution; and
d. Warrant March 11, 1966.
As for the meaning of the Declaration of Independence August 17, 1945 Indonesia is the nation's independence declaration which was read by Ir.Soekarno which reads as follows:
Proclamation
We Indonesian people hereby declare independence of Indonesia. Matters concerning the transfer of power and others will be held with the carefully and within the shortest possible time.
Jakarta, August 17, 1945.
On behalf of the Indonesian Nation
Soekarno - Hatta
July 5, 1959 decree is a decision of the President of the Republic of Indonesia that contains:
a. Dissolution of the Constituent Assembly;
b. Re-enactment Act of 1945 and no longer force Dasat Meanwhile Act 1950; and
c. Establishment of Provisional People's Consultative Assembly and the Provisional Supreme Advisory Council.
Referred to the Proclamation of the Constitution is the Constitution of 1945, which consists of the Preamble (Preambule), Body which includes 37 chapters, Transition Rules, Supplementary Rules and Explanations. Pancasila as the embodiment of the fourth source of law is the letter of instruction to March 11, 1966. The letter of instruction to the President of the Republic of Indonesia March 11, 1966, among others, contains the command to Lieutenant General Seoharto, Minister / Commander of Land Forces, for and on behalf of the President / Commander in Chief of the Armed Forces of the Republic of Indonesia / Leader of the Revolution, take any action deemed necessary, to guarantee security and peace and stability in the way Government and the course of the Revolution, and ensure personal safety and authority of the leadership of President / Commander in Chief of the Armed Forces of the Republic of Indonesia / Indonesian Revolution and the Great Leader must carry out with all the teachings of the Great Leader of the Revolution.
Distribution of Sources of Law In Understanding Formal and material
a. Legal Source Material
Substantive legal community were factors that influenced the formation of law (influencing lawmakers, affect, and others), or as factors that did influence the material (content) of the rule of law. The source material helps the formation of a law. In various legal literature there are three types of substantive legal authority, as follows:
• Source of Legal History
• Sociological Law Resources
• Philosophical Law Resources
• Legal Resources Yurisdis
b. Formal Law Resources
Formal legal sources, ie various forms of existing legal rules and just looked on the manner and form that gave birth to positive law, regardless of where the content of legal rules. Sources of formal law is also interpreted as a place or source from which a regulatory legal power. It deals with the form or manner that causes the rule of law that applies formal. Sources of administrative law in the formal sense of this country consists of:
• Act of 1945
As is known, the basic laws of 1945 set by the preparatory committee of Indonesian independence on August 18, 1945. Act of 1945 also regulates the three things that are fundamental, that is a guarantee of the existence of the rights and obligations of human rights, fundamental constitutional arrangement and restrictions as well as the division of state administration tasks are also fundamental. Although the Constitution of 1945 only consists of 37 chapters in it but has set the basics in various fields of life.
• Decree of the People's Consultative Assembly
Ketepan the Assembly created and set by the People's Consultative Assembly. The meaning of the provisions of the MPR is the decision of the Assembly which have the force of a binding exit (MPR) and into (MPR), while the Assembly's decision is the decision of the Assembly which have the force of binding to the course. Although both the MPR decision was made and issued by the Assembly, but only Ketepan MPR has an important meaning in law.
• Law and Government Regulation in lieu of Law
As stipulated in article 5 paragraph (1) jo article 20 of the 1945 Constitution, the rule named this law is the product of legislative president (government) together with the House of Representatives. Thus the initiative to propose draft laws to come from the president (government) and can also come from the House of Representatives.
• Government Regulation
Government regulations are made and dikeluarakan by the president to implement the law. Government regulations contain the rules that are general.
• Presidential Decree
As well as government regulation, the President's decision was issued by the President. However, unlike government regulation that includes rules that are general, presidential decree containing a decision of a special nature.
• Regulation of the Minister and the Decree of the Minister
Regulation of the Minister is a regulation issued by a Minister that contains the provisions concerning their respective sectors. In addition to the Minister, is still found in the Decree of the Minister and the Decree of the Joint (two or more) of the Minister. What is meant by the Decree of the Minister is the Minister who is special about teretentu problems in their respective sectors.
• Local Regulations and the Decision of the Head region
In Article 38 of Act was determined that the Head of the Region with the approval of the Regional Representatives Council set a regional regulation. Decision of the Regional Head set by the Head of the Region to implement the Regional Regulation or affairs within the framework of co-administration.
• Jurisprudence
Jurisprudence is a legal doctrine which is composed of and within the judiciary, which is then used as the foundation of law. In addition to the above pengetian, jurisprudence also be interpreted as a set of court decisions arranged systematically.
• Law No Written
In her notes in the Constitution of The 1950, Soepomo said that is the unwritten law is the law which was not formed by a legislative body, namely the law of life as a convention in state legal bodies (Parliament, Council and Regional Representatives etc.), the law arising from decisions of judges and the law of the living habits in society.
• International Law
International law is the overall rules and principles governing the relationships or issues that cross national borders.
• Decision of the State Administrative
• Doctrine
Doctrine is the opinions of experts in their respective fields of influence. Dikemukan opinion is often used as a resource in decision-making, especially by the judges.
Understanding Sources of Law In Understanding Sociology, History, Philosophy, and Yurisdis
1. Sociological Law Resources
In sociological terms the legal sources include faktir-social factors that influence the content of positive law, meaning that certain legal rules reflect the fact that life in society. In a society such as industrial or agricultural society, the ruling must be in accordance with the reality that exists in industrial society or the agricultural society. The fact it can be either the needs or demands or problems faced by such problems or agricultural labor, employer and labor relations or farmers and landowners, and others. Furthermore, the fact that life in society as a sociological basis should also include the trends and expectations of society. Without these factors include trends and expectations, the legislation merely recording the instantaneous consciousness (moment of hospitalization), things like that will cause paralysis of the role of the law. In a sense the source of this law, the making of laws and regulations should also be noted social and economic conditions, social relationships, situations and political developments, as well as international developments. Because the factors that influence the content of the rules were so complex, it is in the making of regulations required input from various scientific disciplines, namely involving economists, historians, political scientists, psychologists, and so forth in addition to its own legal experts. Even if the making of these rules shall be done by a lawyer, then as noted by Hari Chand, citing fter-s-law expert Julius Stone must have other knowledge such as history, anthropology, sociology, economics, politics, and other social sciences, for then examine the concepts and ideas of law with the perspective of other social sciences. That way it is expected that the resulting legal rules in accordance with the realities of public life. On the other hand, as a social phenomenon, must also be understood that the law was changed along with changes in society or hanging with social change.
2. Historical Law Resources
In a historical sense, understanding the sources of law has two meanings: first as a source of introduction (the find) the law at any given moment, secondly, as a source where to make laws to take the material in the form of legislation. In the first meaning, the historical sources of law include the law, decisions of judges, writing legal experts, as well as writings that contain all the non-judicial notice of legal institutions. The second meaning, the historical sources of law include the Roman legal systems, the French legal system, and so forth. In addition, documents and letters pertaining to legal information at the time and place tertentu.dalam this second meaning, there is a saying: it was not intended that history makes us understand all things, but at least allows us to better understand something that has a history, when we understand the history of the premises in respect of that something. Means that premises to understand the history of a particular law would be better, at least - at least to understand the context of a particular statute. Additionally with the law who were not born from a vacuum situation or circumstances that prison for many events that is happening and when formed and the implementation of the law.
3. Philosophical Law Resources
Sources of law in a philosophical sense has two meanings, first as a source of law, the second as a source of law to comply with obligations of law or as a source for the binding force of law, to answer the question: why we should obey the law. According Sudikno Mertokusumo, about the source of legal content, original content is here asked that law. There are three views that attempt to answer this question, namely:
1. Theocratic views: legal content comes from god
2. View of natural law: the legal content derived from the human mind
3. View of the historical schools: legal content derived from the legal consciousness
Meanwhile, the source of binding law of the law, why the law has binding force, why do we subject to the law. Binding strength of the rule of law is not based solely on coercive power, but because most people are motivated by reasons of morality or trust.
Morals or beliefs are values that are used as references for the community, as well as other values such as truth, justice, order, prosperity, and value-ailai other positive, which generally become law or rechtside ideals of society. In other words, the legal source for a philosophical meaning of law as rules of behavior include positive values.
It was mentioned that the state administrative law is the law relating to government or state administration. state administrative law contains rules that are made are made by legislators and partly created by the state administration itself. The legislation, which is the content of state administrative law, legislators and state administration to take the historical materials of various legal systems in existence at the time and place, watching the social factors which live and develop in society , and filling legislation with positive values that become rechtsidee community.
4. Juridical Law Resources
Juridical Law Resources, an application and a direct translation of the philosophical sources of law in terms of Juridical Resources Law, an application and a direct translation of the philosophical sources of law in terms of ideological, who held the distinction between sources of formal law and substantive legal. ideological, held the distinction between sources of formal law and substantive legal.
a. Legal Source Material, is the source of law in terms of its content for example: materiilnya terms of the Criminal Code is set on the common criminal, crimes, and violations. Civil Code, in terms of materiilnya set of problems people as subjects of law, goods as objects of law, commitments, agreements, verification, and expired.
b. Formal Sources of Law, is the source of law in terms of juridical in the formal sense that is ource law in terms of common form consists of: the Act, Customs, Treaties, Jurisprudence, Treaty
CHAPTER III
ANALYSIS
In perjalannanya, normative sources of the State Administration Law is not always used by the government in making regulations. However, in certain problems the government can take their own decisions without reference to existing sources such as natural disasters, the government may take action deemed appropriate and in accordance with the circumstances that occurred. However, in normal conditions, the government in taking and making a policy must consider the sources of existing law, because it can affect the process of enforcement and implementation of policy.
Government policies regarding the current state administration is less effective because of the government's policy-making prosees less attention to the sources of law that there is so less in accordance with the circumstances that occurred in the field. The sources of law in the form of Pancasila, the legal source material and source of formal law.
CHAPTER IV
CLOSING
1. Conclusion
In a law there are sources that influence the formation of a law. Among the sources that affect the laws are:
A. Substantive legal
In various legal literature there are three types of substantive legal authority, as follows:
• Source of Legal History
• Sociological Law Resources
• Philosophical Law Resources
• Legal Resources Yurisdis
B. Sources of law formill
Sources of administrative law in the formal sense of this country consists of:
• Act of 1945.
• Decree of the People's Consultative Assembly
• Law and Government Regulation in lieu of Law
• Government Regulation
• Presidential Decree
• Regulation of the Minister and the Decree of the Minister
• Local Regulations and the Decision of the Head region
• Jurisprudence
• Law No Written
• International Law
• Decision of the State Administrative
• Doctrine
2. Suggestion
Legal order in accordance with the public and can be run effectively, then you should:
1. Law is designed well, the rule is clear, easy dipahani & full certainty.
2. In drafting a law or statute, the government must consider the sources of existing law without leaving each other for a proper balance between law and the conditions in the field.
Bibliography
Kansil, C.S.T. 1989. Introduction to Law and Procedure Law of Indonesia. New York:
Balai Pustaka
HR, Ridwan. 2011. State Administrative Law. Jakarta: PT Grafindo Persada
Hadzon, Philip M. 2005. Introduction Administrative Law Indonesia. Yogyakarta: Gadjah Mada University Press
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