Understanding Principles of Law
The principle of law is the basic idea
which has a general and abstract. Legal principles contained in each
berbagaisistem law and incarnate in every positive law.
The principle of the law is a basic rule
or a principle in law that is still abstract. Can also be said, the principle
of the law is the basis which is basically the background of a regulation that
has properties of concrete and how well the law can be implemented.
Term
The principle can be seen in English is
called the principle, while in the Great Dictionary of Indonesian alone can
mean the basic legal principles or the basis of something that became the
foundation of thought or expression. Moreover, the principle can also be
interpreted as a basis for ideals.
The principle of the law is something
that has a very basic nature in the law that must be made in reference or in
pedomani. Legislation should not be contrary to the principles applicable in
law. Likewise, the implementation or an implementation of the law in everyday
life as well as all sorts verdict must always refer to the legal principle that
the case should not be contradictory as well.
According to experts
Can be seen some sense being addressed
by experts on legal principles, namely:
1.
Van
Scholten, legal principles is a tendency that is required by the top view of
human morality to the law and is also a common trait with all kinds of
limitations as demeanor, but it also should not be, there must be.
2.
Bellefroid,
the legal principle is a basic norm that is derived from positive law and also
by the laws of science are not ascribed a variety of more general rules.
3.
Van
der Velden, the legal principle that is the type of decision is used as a
benchmark to assess the situation or be used as a guideline for behavior.
4.
Van
Eikema Hommes, the principle of the law is not of legal norms is concrete but
it is a common thought or user base for the applicable law.
Can be concluded that :
The legal principle is the basic idea of
a general nature and is abstract and is not a law that is concrete. But the
legal principles contained in every legal system and incarnate in every
positive law so that it can be found by searching for common properties in the
rule of law.
Differences between Norma Law and Legal
Principles
Legal norms and principles of law are
two things that are different in the science of law.
There are also some fundamental differences between the legal norms
and principles in law, is as follows:
Judging from the shape, rule of law
consists of rules that are real while the law is a basic principle of the
general and abstract thinking;
Conceptually, the norm of law is an
elaboration of the idea or concept, while the principle of law is a basic
conception that has been translated into legal norms;
Aspects of the sanctions, the violation
of legal norms will result in sanctions while it does not have the legal
principle of sanctions.
The difference can be
seen in the above provide various images that are clear that it is a basic
principle of law on the establishment of a rule of law or the rule of law while
the legal norm is derived or originated on the principle of law.
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