Public Law: Definition, Types, And Examples Of Cases

JAKARTA - In the 1945 Constitution, Article 1 paragraph 3 states that "Indonesia is a state based on law." The existence of this article makes the people in it obliged to comply with all applicable laws in Indonesia.

In simple terms, law is defined as a rule in the form of sanctions and norms that apply and are made to regulate the various rights and obligations of citizens so that they do not conflict.

The purpose of enacting the law is to limit people's behavior and also create justice in society.

In Indonesia itself, there are various types of laws that the public needs to know. One of them is public law. Well, in this article, we will explain everything about public law, starting from its definition, types, to examples of cases.

Definition of Public Law

Public law is a law that concerns the relationship between the state and individuals or regulates the public interest. Therefore, public law can also be referred to as State Law.

The characteristics of public law include:

- The scope is the interests of the state or society with an individual

- The ruler of the country has a higher position than individuals.

- Public law is enforced for the common goals and interests of the wider community.

- There are many relationships between countries, communities, individuals, and political forces in it.

Various kinds of public law

Several laws are related to public law, namely:

1. Constitutional law

Constitutional law regulates the relationship between various institutions in a country, namely the executive, legislative and judiciary. Written legal norms and principles in state practice are also included in this branch of law.

2. State administrative law

Everything related to the procedures and the relationship between one state's tools and equipment and another is called constitutional law.

This law becomes the basis in case of a dispute in the field of state administration between a person or civil legal entity with an equivalent or state administrative official.

3. International law

Initially, international law was only defined as the behavior and relations between countries. As the development of increasingly complex patterns of international relations, international law has expanded to regulate the structure and behavior of international organizations.

4. Criminal law

Criminal law is an independent part of public law. In Indonesia, criminal law is regulated in the Criminal Code (KUHP). The Criminal Code itself is a legal product from the Dutch colonial era.

When the Dutch came to power in the Dutch East Indies, the KUHP book was called the Wetboek van Starfrect (WvS).

Criminal law can be interpreted as the whole of the regulations governing crimes and violations of the public interest. Any act which violates the public interest is punishable by punishment.

Examples of public law cases in Indonesia:

1. The case of Jerinx's hate speech against IDI

Musician I Gede Ary Astina or Jerinx was convicted in the case of hate speech against the Indonesian Doctors Association (IDI).

The Public Prosecutor from the Bali High Prosecutor's Office demanded that Jerinx be sentenced to three years in prison, a fine of Rp. 10 million and a subside of three months in prison.

2. Zaskia Gothic breaking traffic

A dangdut singer Zaskia Gotik once had a deal with the police because she was caught violating traffic. This incident occurred in July 2017. at that time, Zaskia used a roadside that could only be used in an emergency.

Related to this, Zaskia violated Government Regulation Number 15 of 2005 Article 41 paragraph 2.

3. Juliari Batubara stumbled upon the corruption of social assistance funds for COVID-19

In December 2020, the public was shocked by the news that Social Minister Juliari Batubara was arrested by the Corruption Eradication Commission (KPK).

Juliari, who has now resigned from his post as Minister of Social Affairs, was secured by the KPK for allegedly corrupting the COVID-19 social assistance fund (bansos).

In this regard, Juliari is suspected of having articles 12A and 12B or article 11 of Law No. 31 1999/amended by Law 20 2001 concerning Corruption in JO Article 55 paragraph 1 of the Criminal Code.