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FENOMENA HUKUM SIPIL (CIVIL LAW)

FENOMENA HUKUM SIPIL (CIVIL LAW)

 

Hukum sipil (civil law) adalah sistem hukum yang diilhami dari hukum Romawi dengan ciri ditulis dalam suatu kumpulan  (dikodifikasi), dan tidak dibuat oleh Hakim. Istilah hukum Romawi meliputi sistem hukum Romawi. Perkembangan hukum Romawi telah berlangsung selama ribuan tahun,  dari Leges Duodecim Tabularum tahun 439 SM hingga Corpus Juris Civilis  (528–35 AD) yang diperintahkan oleh Kaisar Yustinianus I. Undang – Undang Yustinianus berlaku di Romawi Timur (331–1453), dan juga menjadi dasar hukum di Eropa, bahkan hingga ke Ethiopia, Jepang, dan bekas koloni negara-negara Eropa.

Secara konseptual, Sistem  Hukum Sipil  merupakan sekumpulan gagasan dan sistem hukum yang berasal dari Codex Yustinianus, namun juga banyak dipengaruhi oleh hukum Jermanik Awal, gereja, feudal, praktik lokal, serta kecenderungan doktrinal seperti hukum kodrat, kodifikasi, dan positivisme hukum. Corpus Juris (Corpus Iuris) Civilis adalah nama modern untuk kumpulan undang – undang  yang dikeluarkan dari tahun 529 hingga 534 atas perintah Yustinianus I, Kaisar Bizantium. Corpus Juris Civilis ditulis dalam bahasa Latin, dan telah memengaruhi sistem hukum di Eropa.

Hukum Gereja adalah istilah untuk aturan – aturan  dalam Gereja, khususnya dalam lingkungan umat Kristiani. Selain itu, juga menjadi  subyek sebuah studi teologi yang secara sistematis mengkaji prinsip – prinsip ekklesiologis dari aturan – aturan dalam Gereja.

Hukum kodrat (natural law; ius naturale, lex naturalis) merupakan suatu filosofi yang menyatakan bahwa hak – hak tertentu melekat sebagai konsekuensi dari kodrat manusia dan dapat dipahami secara universal melalui daya pikir atau akal manusia. Secara historis, hukum kodrat mengacu pada penggunaan akal untuk menganalisis kodrat manusia untuk menyimpulkan secara deduktif aturan – aturan yang mengikat perilaku moral.

Hukum sipil bersifat abstrak. Asas – asas umum dirumuskan, dan perbedaan antara hukum substantif dengan prosedural ditekankan. Dalam sistem ini legislasi dipandang sebagai sumber hukum utama, dan sistem pengadilannya biasanya tidak terikat dengan pendahulu (stare decisis) dan terdiri dari petugas – petugas yudisial terlatih dengan kekuasaan penafsiran hukum yang terbatas.

Prinsip hukum sipil adalah menyediakan kumpulan hukum yang tertulis dan dapat diakses untuk diketahui oleh  semua penduduk masyarakat. Sistem ini merupakan sistem hukum yang paling banyak digunakan di dunia, kurang lebih di sekitar 150 (seratus lima puluh)  negara. Penjajahan (imperialisme)  menyebabkan penyebaran Hukum Sipil yang akhirnya diterima di Amerika Latin serta sebagian Asia dan Afrika.

Amerika Latin (América Latina;  Amérique Latine) adalah sebutan untuk wilayah benua Amerika yang sebagian besar penduduknya merupakan penutur asli bahasa – bahasa Roman (terutama bahasa Spanyol dan bahasa Portugis) yang berasal dari bahasa Latin. Istilah Amerika Latin dipakai untuk membedakan wilayah atau teritorial  Amerika Latin  dengan wilayah atau teritorial  Anglo – Amerika yang terkadang dipakai untuk menyebut wilayah benua Amerika dengan mayoritas penduduk menggunakan bahasa asli dalam interaksi kehidupan bermasyarakat yaitu bahasa Inggris.

Sumber hukum utama dalam sistem Hukum Sipil (civil law)  adalah undang – undang yang merupakan kumpulan pasal – pasal yang disusun secara  sistematis,  yang saling berhubungan antara pasal yang satu dengan pasal yang lain,  berdasarkan subjek dan yang menjelaskan asas – asas hukum, hak, kewajiban, dan mekanisme hukum dasar. Pada prinsipnya undang – undang biasanya dibuat oleh legislatif bersama dengan eksekutif.

Writer and Copy Right:
Dr. (Cand.) Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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  64. The delights of camping! This is the best time for lovers or people to acquire some quiet time. Camping out is definitely an fascinating and exciting strategy to practical experience nature, but there is a lot of real information that you should know prior to going. Take a look at these following tips so you can make the best of your trip. Pre-cool your ice-cubes upper body by filling up it with tons of ice-cubes, no less than 6 hours just before departure. When you find yourself about to leave, load your refrigerated cooled refreshments and prevent ice cubes, not cubed. Popping place temp refreshments is going to take up beneficial ice-cubes-lifestyle, along with the cubes will dissolve faster than a prohibit! When you are camping, a necessity for your gear is really a survival blade. This is the most essential part of your camping out items. Purchase an exceptional survival knife, not merely the lowest priced you can get, your daily life might depend upon it. These cutlery are all very very similar they have a long blade serrated in one aspect plus a hollow deal with. In the deal with you may carry angling range, hooks, a compass, and complements like a modest survival package. Usually acquire far more normal water than you feel you are going to use whenever you go with a camping out getaway. Many times, individuals forget exactly how much h2o is required. It is actually useful for ingesting, cleansing meals and hands, cooking as well as cleaning your pearly whites. Water is just not some thing you would like to do without. Make sure to bring duct adhesive tape in your camping trip to resolve just about any problem. You can use it to fix holes in tents, inflatables, footwear and almost anything more you can think of. Outdoor camping is a pretty easy outside adventure for just about someone to deal with. But this informative article distributed some information which should help you industry any incidents that come the right path prior to they actually are able to turn into a problem to suit your needs. Continue to keep this data in your mind in your fun camping outdoors vacation!

  65. Just about the most well-known leisure time pursuits in the world is camping outdoors. There is certainly nothing that can match going out into the wonderful outside the house to completely sense connected to character. If you are thinking of moving camping out, utilize the following assistance to produce your following outdoor camping vacation more fulfilling and pleasurable. A great multiple-function tool needs to be part of your camping out products. There are two kinds to create. Very first is definitely the found/hammer/axe 3-in-1 instrument for fire wood and other duties. The other may be the normal multiple-purpose tool with various equipment onto it similar to a can opener, tweezers, scissors, as well as a knife. Arrange your place at a campground at the earliest opportunity. Especially in the summertime, most people are thinking about camping outdoors making use of their family members. If you make your booking in the winter months, you are much more likely for the best amount feasible. Individuals cost savings can result in additional household exciting while on your getaway. If you are intending to challenging it all out, it is possible to nevertheless bring along a bit of luxurious item to add comfort and ease for your outdoor camping vacation. Deliver an intriguing reserve, some magnificent candy or possibly a good fluffy pillow. Don’t bring any products which are large, though. These tiny treats for yourself can definitely enhance morale. If you may be camping outdoors anywhere that is extremely a long way away from society, then be sure you have shared with a number of folks where you will end up as well as how long you might be intending to stay. Ask them to call you at the time you are meant to go back to ensure your protection. Camping is an easy delight in your life for those that fully grasp the proper way to do it. You must build on your understanding bottom of outdoor camping by carrying out appropriate study. You may be keen on the delights of camping in no time in any way using these superb recommendations accessible.

  66. Camping out is something that is enjoyable for the whole loved ones. Whether you are a new comer to outdoor camping, or certainly are a seasoned veteran, there are always things you should think about before venturing out on your own next camping outdoors getaway. The subsequent write-up will assist prepare you for your next vacation so that you have a good and harmless time. All those large, colourful plastic-type material storage containers make exceptional locations to save and arrange all of your current camping out items. When in your own home, ensure that is stays inside a closet or even the garage area and correct before leaving to your camping out journey, take it inside the trunk area. It should always keep every thing air-limited, free of moisture and simply reachable. You don’t really need to be a boy scout to be ready, if you intend to visit camping. One of the first regulations is usually to be sure to notify an individual in which you will end up. If there isn’t a precise place to give, then give a general concept of significant streets near by or even Global positioning system coordinates if you know them and provide a timeframe of once you decide to give back. Do you know that a basic looking glass could save your life? Should you be camping and end up in a survival situation, an easy handheld match could be used to indicate for assist several a long way away. Usually do not buy the normal glass looking glass, several camping outdoors provide retailers market mirrors created from Lexan which will float and so are virtually unbreakable. In case you are flying with children, consider staying at a campground that is specifically designated for family members. Campers during these areas know what you should expect and definately will not have a concern if you have a cranky young child or even your children would like to play, scream and enjoy. You will likely be comfortable for that reason and have a better time. As mentioned in the past, it’s significant to get a little information about camping. But you may now make use of the guidance distributed in this article together with you to ensure that you are set for almost any curve balls in your vacation. Print out this data if you have to, and reference it often. Have got a great getaway!

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  69. Camping out is one of Americas greatest practices, nevertheless many individuals make common faults when venturing out on the fantastic outdoors. The next write-up has some helpful advice on how you can help make your following camping out trip more enjoyable whilst outstanding as harmless as you possibly can. Read on to find out some important camping out ideas. Just about the most crucial parts of your camping out items will be your tent. The tent you purchase ought to meet your needs and the size of your camping out bash. In case you have young kids, you most likely want to purchase a sizeable tent so they can sleep inside the identical tent with you. In case your youngsters are old, buy them their very own tent therefore they don’t ought to bunk together with the men and women. When you have little ones outdoor camping along with you, pack a couple of art supplies. When you get in your internet site, demonstrate to them the best way to do leaf rubbings. You will always find various leaves in every sizes and shapes, so seeking every one of them out will take a while. Your children will be satisfied and you may have some peace and peaceful as you chill out and see them. Research any potential camping area nicely. Every one has different facilities. Some could have baths and washrooms, while others may well not. There are even a few campgrounds that happen to be really elegant, with on-page miniature golf games or h2o park systems. You may possibly not need to have or want all that, so figure it in advance in order that you are certainly not disappointed when investing in there. Think about buying economical walkie-talkies to take on your own following camping outdoors vacation to supply a method to connect with anyone in your party in locations where cellphone reception is probably not available. This could be specially essential if you are outdoor camping with kids and require to monitor their whereabouts. As you can see, there are many what exactly you need to consider for your outdoor camping journey. Numerous things can play one factor within your basic safety as well as the overall entertainment in the encounter. Use everything you have read through out of this report, and you will find a much better camping experience next time you decide to go outdoors!

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  72. Many look at outdoor camping as the opportunity to escape from your pressure of life and commune with character. If camping out can be something that you wish to do, then you have to have an idea which place to go along with a method of learning about it. The info right here ought to help make your trip a good experience. Keep on for more! Pack several shovels if there are children with you on your vacation. Little ones really like absolutely nothing a lot better than excavating inside the grime, and getting the best accessories is essential. For those who have space, bring a pail as well. The kids will happily entertain them selves from the dirt whilst you unpack, create camp and do everything that you should do. A major blunder that outdoorsmen make is because they can get misplaced on occasion. Do not let this afflict you. When you are new to the location you happen to be camping in or should you be within a wilderness area, will not stray too much from your campsite. A transportable Gps navigation is a superb investment if you are intending any type of forests camping adventure. If you are considering outdoor camping, and you also are a new comer to the activity, then you certainly must not get started alone. It could be rather dangerous when you don’t know what you are doing, so it is important to take along a skilled good friend to assist you discover the ropes. Have a class concerning how to do medical. This is especially significant when you are consuming youngsters along. If the automobile accident occurs, you’ll need to find out what you ought to greater the situation till you can receive medical help. You might also read about diverse firstaid methods on-line. Being aware of the indigenous types inside your camp area, such as snakes or any other harmful wildlife, is crucial. To summarize, having a outdoor camping vacation is made for you, if you enjoy getting outdoors. But, it’s crucial that you are effectively prepared for your trip if you wish to have a good time. The ideas this information has supplied you with could be used to support you will have the finest outdoor camping journey at any time.

  73. Living in this world delivers handful of activities quite like the venture of camping outdoors. All that outdoors and mother nature is remarkable. If you wish to start camping out to see mother nature on your own, then use tips below to provide you with a little assistance. Should you be camping out at the open public campground, ensure you pack shower area shoes for anyone within your celebration. Not only can they guard your feet from your harmful bacteria about the shower room ground, however are just the thing for those nighttime operates towards the bushes when you should utilize the restroom. They are often old flip flops, Crocs, or perhaps slip-ons. For those who have a toddler, load up a blanket. You may set it on a lawn and then use it as a makeshift perform region. Take automobiles, dolls, or no matter what products your kids is into. They can enjoy without having receiving also messy and you may advise them that they need to always keep their toys about the cover for safekeeping. This will assist to hold things from acquiring also spread. Be sure to pre-plan your route in advance of your vacation. Find out if you can find any special locations that you can stop at as you go along. It will make the generate much more satisfying and you might have loads of fun at the same time. Granted, you may need to reach your location rapidly, but for those who have time, using the panoramic course makes it worth while. Be sure you have got a emergency first aid kit along with you. As an alternative, you could potentially pack some items in a plastic material case. While hopefully your holiday will probably be free of personal injuries, you will never know. It is recommended to prepare yourself to enable you to manage everything that happens in the most effective way possible. Since you now know what must be done to get a very good camping outdoors vacation get ready for numerous fascinating activities in the future. Use everything that you learned nowadays about camping to savor on your own with a great time away from your regular routine of daily life, as well as to get an practical experience you’ll always bear in mind.

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