INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY
Legal Functions in the Community as Tools to Change Behavior (Legal Function Assessment from The Sociology of Law Perspectiv.
Sarjiyati Faculty of Law.
Universitas Merdeka Madiun mh@gmail.
ABSTRACT
The sociology of law is a science that theoretically analyzes and empirically highlights the effect of social phenomena on the law, and vice versa.
The law by positivistists is seen as texts and eliminates human role factors, gets a great correction by placing the human role in a less central position.
Legal sociology finds that the role of human behavior is much more varied.
The law as behavior arises instantly through the interaction between the members of society itself.
Social and legal change or otherwise do not always go together.
Because in certain circumstances the development of law may be left behind by the development of other elements of society and its culture.
Law has a function as a means of social control, as a means of social engineering and integration.
The important function of the rule of law is as guiding behavior.
So any rule of law will have an impact on human behavior.
The impact is what is called a response to a legal provision.
The response is different from every human, there are positive and negative responses.
So the impact of the provisions of the law, not just obedience but there is a form of disobedience.
Keywords: Legal Function.
Community.
Behavior.
Legal Sociology.
INTRODUCTION
The terminology of legal sociology was first time introduced by Anzilotti in 1882.
The sociology of law examines the mutual influence of law with other social phenomena.
1 The sociology of law is a science that theoretically analyzes and empirically highlights the effect of social phenomena on the law, and vice versa.
Etymologically, sociology comes from the Greek, said socius which means comrade or society and the word logos which means science or thought.
So sociology is the science of how to live with friends or community.
3For Selo Soemardjan and Soelaeman Soemardi.
Sociology is the study of social structure and social processes and social The sociology of the law opens our eyes to the human participation in punishment.
The lawby positivists to be seen as texts and eliminates human role factors, receives great correction by placing the role of human beings in a less central Legal sociology finds that the role of human behavior is much more varied.
According to Roger Cotterrel, the state only provides facilities through legal action and for the rest is left to the people.
The law as behavior arises instantly through the interaction between the members of society itself.
According to nature, human beings everywhere and in every age always live together, live in groups.
In the history of human development there is no one alive or apart from any other human group, except in a forced state and that is only for a while.
Humans as individuals .
have a life of a solitary soul, but human beings as social beings can not The desire to live together has become man's nature, it is a physical necessity to live his life.
Human unity arising from the same nature is commonly referred to as society.
So the society is formed when there are two or more people live together, so that in the social life that arises various relationships or links that result that the Rianto Adi.
Sosiologi Hukum Kajian Hukum Secara Sosiologi.
Yayasan Pustaka Obor Indonesia.
Jakarta, 2012, hlm.
Soerjono Soekanto.
Pokok-Pokok Sosiologi Hukum.
Raja Grafindo Persaa.
Jakarta, 2001.
Satjipto Rahardjo.
Penegakan Hukum Progresif.
Cholil Mansyur.
Sosiologi Masyarakat Kota Dan Kompas.
Jakarta, 2010, hlm.
Desa.
Usaha Nasional.
Surabaya, 2001, hlm.
Sarjiyati.
Eksistensi Fungsi Hukum Sebagai Is Soerjono Soekanto.
Sosiologi Suatu Pengantar.
Tool Social Engineening.
Makalah.
Universitas Rajawali Pers.
Jakarta, 1987, hlm, 16.
Sebelas Maret.
Solo,2015, hlm.
INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY
one and the other know each other and influence each other.
In almost every area of life legal regulations are found.
Through this penalization of human behavior the law explores almost all areas of human life.
If we look at it from the perspective of the development of society and state, then we can say that the inclusion of the law into the spheres of public life is increasing along with the increasing role played by the state in society.
The influence of industrialization and modern technology on social life requires that the law adapt to changes brought about by its influence.
Human life in the society is covered by the norms, namely the rules of life that affect human behavior in society.
At the beginning of the experience, the rules of life that apply in the familiar family environment, then also prevailing in society or country.
The rules that exist in a country are made by the ruler of the state, the contents bind each person and its implementation can be defended with all compulsion by the tools of the state.
In modern society the law is not only used to reinforce the patterns of behavior and behavior contained in society, but also to direct them to the desired goals, to eliminate the habit that is deemed no longer appropriate, to create new patterns of behavior and so on.
The increasingly widespread legal interference in the spheres of public life cause the important legal effectiveness issues to become more important to be considered.
The law should be an institution that works effectively in society.
For a society that is building a law is always associated with efforts to improve the standard of community life towards a better, then the role of law becomes increasingly important in realizing that goal.
The legal function is expected to mobilize the people to behave in accordance with the provisions of the law.
From the description above, in this paper discusses about the relationship between social changes and the law and the function of law in as a tool for changing behavior.
DISCUSSION
The Relationship Between Social Changes With Law From birth to death man lives hanging out with other human beings.
Aris Toteles calls "zoon politicon" .
reature who mingle.
11 Humans are social creatures that needs each other, this is what causes people to live in society.
Human life in society, state and nation can not be separated from the existence of a rule or law as the signs that set the wheel of life in order to run in an orderly manner, as the theorem known in the theory of jurisprudence that "No Communities Without Law".
Changes that occur in a society can happen because of society itself .
nternal cause.
and outside the community .
xternal cause.
Internal causes are partly due to population growth or lack of population, new discoveries, conflicts, because of the revolution.
External causes may include causes of the physical natural environment, the influence of other peoples cultures, warfare and A social change is easier to occur when a society often makes contact with other Social and legal change or otherwise do not always go together.
It means, in certain circumstances, the development of law may be left behind by the development of other elements of society and its culture, or maybe the opposite If so, then there is a social lag, that is a situation where there is an imbalance of development in the societyAos institution.
Associated with social and legal change.
Email Durkheim states that law is a reflection of social solidarity in society.
According to him, a legal code is formulated with a sanctioned method, which weighs heavily on the nature of the offenses, the public's assumptions and beliefs about the good of the actions and the role of the sanctions in society.
According to the type of sanctions are repressive and restitutive.
The method of repressive law .
riminal la.
is the law of sanction which gives suffering to those who violate it.
The law of restitutive sanctions whose purpose is to revert to the state of the original situation before the occurrence of shock as a result of the violation of the rule of law.
The relationship between social solidarity with the repressive laws of law lies in the behavior that results in evil.
Furthermore Durkheim explains that every written law has a dual purpose of Ibid.
Utrecht.
Pengantar Dalam Hukum Indonesia.
Satjipto Rahardjo.
Hukum Dan Masyarakat .
Ihtiar Baru.
Jakarta,1983, hlm.
Angkasa.
Bandung , 1980.
Muchsin dan Fadilah Putra.
Hukum Dan Sarjiyati.
Eksistensi Fungsi Hukum Sebagai Is Kebijakan Publik.
Averroes Press.
Surabaya.
Tool Social Engineering.
Log.
Cit.
2002, hlm.
Esmi Warassih.
Pranata Hukum Sebagai 13Soerjono Soekanto.
Pokok-Pokok Sosiologi Telaah Sosiologis.
Suryandaru Utama.
Semarang.
Hukum.
Op.
Cit, hlm.
2005, hlm.
Ibid.
INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY
establishing certain obligations and to formulate According to Max Weber, there are four ideal types of law that is:16 The irrational and material laws of lawmakers and judges base their decisions solely on emotional values without reference to a legal precedent.
The irrational and formal laws of lawmakers and judges are guided by unlawful rules, based on unconscionable rules.
Rational and material laws namely the decisions of the legislators and the judges refer to a scripture, the wisdom of the ruler or ideology.
Rational and formal laws are laws established solely on the basis of the abstract concept of the science of law.
Formal law to compile the systematic laws of law, while material law is empirical.
Both sorts of laws can be rationalized to formal law based on logic while material law on its usefulness.
Legal changes are in accordance with the changes that occur in the social system of society that supports the legal system in question.
Arnold M.
Rose presents three theories about social changes associated with the law of technological discoveries, conflicts between cultures, and social movements.
The first theory that the findings in the field of technology is the main factor causing the occurrence of social changes, because the invention has a strong developing power.
The second theory of intercultural conflict states that the process of renewal or change occurs when two cultures are The third theory of social movement which states that the dissatisfaction of certain areas of life creates a state of unrest which causes the movements to make changes.
The existence of the law can be seen from three points of view, i.
e:18 In the past, the law was seen as a product or a result of culture.
At the present time, law is seen as a keeper of In the future, the law is seen as a tool to enrich the culture.
The three points of view show that the rule of law that is formed from the values and norms that live and grow in the midst of society, has a dual function, namely on the one hand to maintain the values that already exist and develop in society Soerjono Soekanto.
Beberapa Permasalahan DalamKerangka Pembangunan Di Indonesia.
UI Pres.
Jakarta 1983, hlm.
Soerjono Soekanto.
Pokok-Pokok Sosiologi Hukum,Op.
Cit.
and in others parties to form a new culture and develop human rights.
The legal rules as a tool to change society have an important role, especially in the desired changes, even indirectly.
Therefore, if the government wants to establish bodies that function to change society, then the law is required to form the body earlier and to determine and limit its power.
Eugen Ehrich argues that the sociology of law seeks to prove that the emphasis of legal development is not on legislation, nor on judicial decisions nor on law, but in the life of society.
Society is formed through continuous social relations between individuals and individuals, individuals with groups and between groups and The longlasting interaction that results in a feeling of togetherness, the pattern of mutual relationships, mutually recognized values and social institutions that can ultimately become an instrument for the creation of a more orderly and better life.
Legal Function In Society As A Tool To Change Behavior Human life does not begin by building a life under a sophisticated legal system, building up a society or community.
To present a good quality community, it is necessary to work together and trust that is a symbol of "healthy society", "good life" and "good behavior and characterAy.
The existence of law is essentially to regulate the relationship of law in society, whether between one person, one with another between the person and the state and arranging the relationship between the state institutions.
In a state of law such as the life of a society should not be determined by the will of one or more powerful persons, but there must be a law of law on the nature and obligations of everyone under the rule of law applicable.
Positive law is divided into two, namely written positive law and unwritten positive law.
Selo Soemardjan.
Sifat-Sifat Panutan di dalam Pandangan Masyarakat Indonesia.
Masalahmasalah Ekonomi dan Faktor-faktor IPOLSOS.
LEKNAS.
MIPI.
Jakarta, 1965, hlm.
Abintoro Prakoso.
Sosiologi Hukum.
LasBang PRESSindo.
Yogyakarta, 2017, hlm.
Soetomo.
Kesejahteraan Dan Upaya Mewujudkannya Dalam Perspektif Masyarakat Lokal.
Pustaka Pelajar.
Yogyakarrta, 2014.
Satjipto Rahardjo.
Hukum Dan Perilaku.
Ibid.
Kompas.
Jakarta, 2009, hlm.
Zainuddin Ali.
Sosiologi Hukum.
Sinar Grafika, 23Sarjiyati.
Teknik Pembentukan Dan Urgensi Jakarta, 2008, hlm.
Penyusunan Peraturan Desa.
Materi Bimbinan INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY The law aims to organize the people to act in an to bring the society into a more advanced orderly manner in the interaction of life, to keep direction.
Binding and enforcing power of the law the people from acting anarchy by not playing can be used or utilized to drive development.
Law their own judges and guaranteeing justice for is a tool for making people better.
everyone of their rights so as to create an orderly,d.
Critical function of law.
Currently the law is happy and peaceful society.
24 The purpose of law developing a view that the law has a critical according to ethical theory is solely to realize function, namely the legal power not only to According to Aristotles, the law has a supervise the apparatus of the supervisor, the sacred duty, which is to give to everyone he is paratur of government and law enforcement entitled to receive.
Van Apeldoorn declares the apparatus.
purpose of law is to organize the social life in In relation to development.
Sunaryati Peace among men is preserved by law by Hartono mentions, there are 4 .
legal protecting certain human interests of honor, functions namely:27 freedom, the soul of property and so forth against a.
Law as a keeper of order the disadvantage.
The law maintains peace by b.
Law as a means of development establishing a balance between its rights.
Law as an enforcer of justice Every human being has different character, d.
Law as a means of community education nature, will and interest.
And in the relationship National Legal Development Board, in the between fellow human beings requires national law seminar IV formulates the existence cooperation to fulfill the necessities of life, which of 6 .
functions and the role of law in sometimes happens where conflicts are causing development namely:28 problems and it is usually the strong ones that a.
Regulator, discipline and supervisor of suppress the weak.
Therefore it is necessary to community life.
create a rule that regulates their common interests b.
Enforcers of justice and protection of the people in society.
With these rules are expected to create especially socioa sense of peace and secure and orderly in economicposition is weak.
society, so that will be achieved common goals.
Drivers and promoters of development and change Because in the rule it gives guidance which to do towards the aspired society.
The influence of society on values that support the Law and society are like two sides of the development effort.
coin, "yam societasibi ius" .
here there is societye.
Guaranteed factors of balance and dynamic there is la.
, both are inseparable.
Unfamiliar compatibility in fast-changing society.
laws that do not fit the social context and there is f.
The factor of integration between the various subno effective communication about the demands systems of the nation's culture.
and their renewal for the citizens will not be The sociological view of law is related to the Law enforcement in society will result function of law, it can be said that law has a in social change in society itself, while the legal function as a means of social control, social function for the life of society according to engineering facilities and means of integration.
Soedjono Dirdjosisworo there are 4 .
: 26 The three functions of the law can be explained The function of law as an instrument of order as follows:29 and regularity of society.
This is possible because a.
Law as a Means of Social Control of the nature and character of the law which In addition to the law as a code of conduct, law is provides guidance and guidance on how to also considered to function as one means of social behave in society so that each member of the control .
ocial contro.
which includes all the community is clear what to do and what not to forces that create and maintain social bonds.
this case law is a means of coercion that protects The function of Law as a means to realize social the public from threats and acts that endanger justice is born and inner.
This is possible because themselves and their property.
Laws as a means of the binding nature of the law, whether physical of control are useful for maintaining the existing or psychological.
order, the law also serves as a guideline in social The function of law as a means of driving the control.
This law is a tool for the authority b.
Law as a means of Social Engineering Dan Teknis Penyusunan Peraturan Desa, di 27 Sunaryati Hartono.
Hukum Ekonomi Kabupaten Magetan , 7 Desember 2016.
Pembangunan Indonesia.
Bina Cipta.
Bandung .
Muchsin dan Fadilah Putra.
Hukum Dan 1982, hlm.
Kebijakan Putra.
Op.
Cit.
Muchsin dan Fadilah Putra,Hukum Dan Ibid,hlm.
Kebijakan Publik.
Op.
Cit.
hlm 20-21.
Soedjono Dirdjosisworo.
Pengantar Ilmu 29 Rianto Adi.
Sosiologi Hukum Kajian Hukum Hukum.
Rajawali.
Jakarta, 1984, hlm153-155.
Secara Sosiologis.
Op.
Cit.
INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY
In this case,the law is seen as a tool or means to proposed to streamline the legal system to be realize the political goals of the state, fulfilled 5 .
terms namely:33 socialengineering by law.
In social engeneering a.
The ease with which the rules of law are captured the main issue is how we move the behavior of and understood.
members of society or achieve the desired state b.
The extent to which there are people in the through law.
community who know the contents of the rules of the law concerned.
Law as an Integration Facility Efficient and effective mobility of legal rules.
The law can integrate members of society withd.
The existence of a dispute resolution mechanism different backgrounds.
The pluralistic Indonesian that is not easily accessible and accessible society, which includes a number of peoples toevery citizen, must also be effective enough in composed of various ethnic groups that have long resolving disputes.
and before independence, each of which hase.
The existence of a uniform assumption and different social institutions, is integrated among recognition among the citizens that the rules and others because the Indonesian people accept the institutions of the law, actually having effective 1945 Constitution as a regulation for life nation ability.
and state.
The discussion that until now has not been Laws are made to regulate society for it the law completed is about the function of law in society.
that is made must be actually applied, the law On the one hand, it believes that thelaw is merely must live in society .
iving la.
Therefore, the a normative reflection of behavioral patterns that law that has been made must be able to work in have manifested itself as a social reality.
This The law works by impersonating one's view sees law as the collective expression of a deeds or relationships among people in society.
society and therefore produces the concept of law For such purpose of erection, the law describes its as part of an editable culture.
While on the other work in its various functions.
Law as a process hand they beleive that the law is a free variable can not be seen as a regulation determination which when operated as a force that aims political only, but as a process of realizing the social will be able to change the structural order in objectives within the law.
This view sees law as an instrument.
Associated with the work of law in society, hence its conceptual portrayal results in the according to Lawrence M.
Fredman there are 3 perception that law is part of technology, quoting .
components, namely:31 the words from Rouscoe Poend, the law as Autool Components Structure is the institutional of social engineeringAu.
created by the legal system with a variety of An important function of the rule of law functions in order to support the workings of the is as guiding behavior.
So every rule of law will It is possible to see how the legal system have an impact on humans, either have a positive provides services to the cultivation of legal impact or have a negative impact.
Examples of materials on a regular basis.
positive legal impacts on human behavior, for Substantive Components are the output of the example the rule of law that forbids not to smoke legal system, in the form of rules, decisions used in public places, then the impact of the rule is that by both regulating and regulated parties.
smokers no longer smoke in public but the special The cultural component consists of values and room provided by the government, or other attitudes that affect the workings of the law.
This parties who make the rules, as is usually in culture serves as a bridge between the rules and several hotels or other public places that have the legal behavior of the whole society.
been provided by the manager.
An example of a Legal culture component is distinguished to negative legal effect on human behavior is the internal legal culture is legal culture of lawyers rule of narcotics whereby in the legislation it sells and judges, and external legal culture is the or distributes narcotics, the effect of the rule is culture of society at large.
32 Paul and Dias the behavior of narcotics sellers who secretly conceal selling narcotics and even use any secret way to avoid being caught and not subject to Sarjiyati,Kebijakan Bupati Madiun Dalam The legal impact on human behavior is Pengisian Jabatan Kepala Desa Pada Masa what determines the effective or ineffective rule Transisi Berlakunya Undang-Undang Nomor 32 Tahun Tentang Pemerintahan 33Ibid.
Daerah,Tesis.
Universitas Sebelas Maret, 34roudhotulilmi.
id/2011/10/makalahSurakarta, 2006, hlm.
sosiologi-hukum.
Diakses tanggal 9 April Ibid, hlm.
2018 pukul 22.
WIB.
Esmi Warrasih.
Pranata Hukum Sebuah 35 Sarjiyati.
Eksistensi Fungsi Hukum Sebagai Is TelaahSosiologis.
Op.
Cit.
Tool Sicial Engineering,Op.
Cit.
INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY
of law.
If a rule of law complies so much then the rule of law is running very effectively.
Human behavior that is the impact of a rule of law is influenced by several factors, namely legal communication and legal knowledge.
We can behave lawfully if we know correctly the rule of law that exists.
Therefore the rule of law must be communicated clearly and well to human beings or a society so that society can gain knowledge about the contents of the rule of law.
the objectives of the law can be realized and can change the behavior of society towards better in accordance with the purpose of the establishment of the rule of law.
REFERENCES