Implementation Aspects Business law whether regional, sectoral or international has some similarities that are generally a basis of the legal sense itself. The law has some characteristic such as forceful law, which determines the behavior of human beings in the society, which is made by the obligatory official bodies, which violation of the rules leads to the taking of action, that is, by certain penalties.”
Randy E. Barnet and Lawrence M, Fredman in his book American Law provide a foundation in the Implementation of the Aspects of Business Law Law as follows:
- Purpose of Law
Order and peace is an indispensable thing in running a country, because with both it will happen security stability that can support the way the wheels of government and at the same time the wheel of the economy. Order and tranquility in the colonial era is a tool to control the colonized territory.
But today the aim of the law is not just to provide a sense of security, but also to give the welfare of society in the face of life, without welfare, the purpose of the law is not achieved. The basic principle with these three things (Order of Peace,) is the foundation of the developing countries. As for developed countries such as Japan, America, Germany, France and others enter the fourth point (4) Prosperity in the purpose of law on every rule-making.
- Legal Function
State stability is the only legal function that is very important, because without any state stability, then all economic activities will not run well / smoothly. Therefore, in making a state regulation must understand from the function of the regulation.
- Legal Aspects
- The juridical aspect
- Economic Aspects
- Political Aspects
- Sociological Aspects
- Historical Aspects
- Cultural Aspects / habits
- Aspects of Religion / Belief.
- Phylosophical Aspects.
In the making of a rule must contain at least 5 legal aspects implicit in the rule (Juridical, Economical, Political, Sociological, Historical). Clearwater Business Law can help you to gain more information about legal aspect that you need for your business.
It is the legal aspect that those who have the authority to make regulations and procedures to make them are official bodies, such as DPR, DPRD, and the Government. If those who create and ordinance the regulations are not true (illegal), then the rule will be flawed. Because the make is not an authoritative body.
It is a description of whether the regulation has economic value, in the sense of not harming the wider community such as bureaucratic regulations that cause a high economy due to the regulation.
In making these rules have seen from several politics points of view, do not let the rules are made only to make a group of groups get a profit, while other groups / groups get the difficulty / loss such as Regulations on Clove Commerce,
Sociologically and historically
is also an aspect that should not be ignored, because in making a rule, such aspects as educational background, economy and whether the regulation has already been created and harming the public should be a concern in order not to repeat the negative things of the regulation.
Therefore, in the making of a rule must contain at least 5 legal aspects implied in the regulation (Juridical, Economical, Political, Sociological, Historical). If in the regulation does not exist or less attention to these 5 aspects. The rules may be as follows:
The World Law System.
In the legal system of the world there are only 4 forms:
- Civil Law (continental) adopted by continental European countries such as Germany, France, the Netherlands. In this Civil Law legal system the drawback is not to keep up with the progress of the situation.
- Common Law (Anglo Saxon) adopted by countries that use English as a colloquial language such as English, American, Canadian. In the Common Law system is very concerned about the development of the situation, the drawback is to discuss issues that need only (not comprehensive).
- Religion Law, adopted by the Middle Eastern countries
- Natural Law is customary law such as consilation, mediation, arbitration originating from a country that highly respects the customary law of its country such as Japan, China.