SOCIOLOGY OF LAW AS SOCIAL CONTROL OF SOCIETY
Introduction
Humans are creatures that always interact with other humans. It is impossible for a
human being to live alone and a human being cannot achieve what he wants without the help
of other humans. And this applies to all humans, regardless of whether they have a position or
wealth. Every human being always needs another human being. In social life, humans must
communicate, socialize and interact with other people. Humans as social creatures have
occurred since they were born on the surface of the earth. A human being who is about to be
born also needs other humans to provide help. In the life of society, humans must pay
attention to and implement the rule of law, in order to create an orderly and peaceful life. If
there is a violation of the law against the applicable laws then the rules that are violated must
be enforced.
The social reality that occurs in society sometimes does not match what is expected to
happen. Likewise, the law as a norm that should be followed or implemented sometimes
cannot run as expected, either because the norm cannot be applied because it is irrelevant to
the reality living in society or because of the behavior of the community that makes the law
not obeyed. The reason the law is irrelevant to the reality of society is because the existing
law comes from the will of the elite of the rulers and aristocrats, while the community is the
target object. Whereas in order for the law to apply responsively, the law must be formed
based on the reality that lives in society.
To seek and find solutions to the effective enforcement of the law is none other than by
returning to the correlative relationship between law and society, this is considering that the
law is for society, and society needs law in organizing social life, not society for the law.
Based on the discussion above, the researcher can draw the formulation of the problem,
among others, how the relationship between the sociology of law and society and how the
sociology of law to social control.
Methods
Research is a human means to strengthen, build, and develop science (Soerjono
Soekanto, 1984). Legal research is a method for finding legal rules, legal principles, and legal
doctrines with the aim of answering the legal issues at hand (Peter Mahmud Marzuki, 2011).
This research is a literature study (library research) (P. Andi, 2012). The type of research
approach used by researchers in this research is normative legal research with a legal theory
approach. Normative legal research is defined as research that refers to legal norms contained
in laws and regulations and court decisions. Normative legal research can also be referred to
as doctrinal legal research (Jonaedi Effendi & Johnny Ibrahim, 2018). This research method is
used to examine and analyze how the actions of dentists carried out outside their authority
from a legal perspective.
The procedure in this research is carried out with stages, namely collecting library data,
reading, recording, analyzing, collecting concepts or texts, then elaborating and explaining the
collected data or texts related to the main discussion topics in this research. This is in
accordance with the opinion of Zed (M. Zed, 2008) who said that library research is not only
limited to reading and recording literature or books, but a series of activities related to library
data collection methods, reading, recording and processing research materials.
Results And Discussion
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
The Relationship between Sociology of Law and Society
Humans are creatures who have a desire to live together. Living together which consists
of at least 2 people. No human being can live alone, Aristotle once stated that humans are
zoon politicon, which means that humans are creatures who always want to associate and
gather with other fellow humans (Copleston & Frederick, 2021). and because of that nature
humans are referred to as social beings. Every human being has a different nature, character,
and will. And in relationships with fellow humans, cooperation, help and mutual assistance
are needed to obtain the necessities of life. If these interests are aligned, the needs of each will
be easily achieved. But if not, it will cause problems that disturb the harmony. And if the
interests are different, the strong will be in power and suppress the weak to fulfill their will.
Therefore, a rule is needed that regulates each member in society. So a rule called the norm is
made. With these norms, each member of society will consciously or unconsciously be
affected and suppress his personal will.
The existence of these rules is useful for achieving common goals in society, giving
instructions on what can be done and what not, giving instructions on how to behave in
society. That is the basis for the formation of law from society's need for rules that govern the
way of life so that each individual of society can live in harmony. It can be understood that
initially humans are individual creatures. As an individual creature, humans have an ego
nature, are selfish, have interests and desires, and have rights or freedoms as an inseparable
characteristic of human nature. However, these interests will never be fulfilled without
interacting and cooperating with other humans. Through cooperation, humans help each other
and complement each other. Therefore, interaction is a human need in achieving the interests
or goals of his life, so that in addition to humans being defined as individual creatures,
humans are also referred to as social creatures. Thus, a complete human being is a human
being who can place himself as an individual and social creature in harmony within himself.
Given the many interests, it is not impossible for conflicts or clashes to occur between fellow
humans, because their interests conflict with each other. Interference with interests or
conflicts must be prevented or not allowed to continue, because it will disturb the balance of
society.
Therefore, the disturbed balance of the social order must be restored to its original state
where there is contact between people in society, protection of interests is required. Especially
when there is a conflict, the need for protection of interests is felt. The protection of interests
is achieved by the creation of guidelines or rules of life that determine how humans should
behave in society so as not to harm others and themselves. These guidelines, benchmarks or
measures for behavior or attitudes in communal life are called laws. In this context, law
functions as a means of realizing security and order and is also seen as a means of social
engineering. His theory ubi societes ibi ius penetrates time and space (Peter Machmud, 2013).
Thus, law is a reflection of human interests. The above theory is also supported by van
Apeldorn with his theory that, "the law is not limited, but exists everywhere (van Apeldorn,
1982)."
Based on the description above, it is clear that there is a very close correlative
relationship between humans, society and the sociology of law. Law was born from the
human will to create social conditions that are safe, peaceful, and orderly so that the goal is
easily achieved. Likewise, the law, which is a reflection of human will, has an important role
in protecting humans from all the bad possibilities that arise from the interactions that occur.
This means that the law functions as a means to realize security and order and also as a social
engineering tool where the law can encourage the creation of a desired situation. It should be
underlined that not all laws protect human rights. There are times when the law is actually
used as a tool to legitimize the ruler's actions.
The law can be analogized to a sword, when the sword is held by a good person, it will
be used to protect the people around him from the arbitrary actions of others. Likewise, when
the sword is held by a bad person, it will be used to oppress and even kill others. It is all too
often heard that where there is society there is law. It is a simple statement that humans are
creatures that cannot live outside of order. However, this statement does not address the
complexity that exists between societes and ius. It does not describe how intensive and
complex the link between the two is, especially since we are now using the latter. The
problems of modern law begin with the application of written law, where society and legal
practitioners in United States are trapped in a legalistic-formalistic view, so they cannot turn
away from written law. Although people are eager to bring or incorporate justice into written
law or laws, the results are more defective than good. Thinking about justice and formulating
it are two very different things. Formulation is very much bound and dependent on the
availability of vocabulary, grammar and other requirements of written civilization. So people
say that law is nothing more than a language game, a language game or affair. It is no wonder
then that some argue that law is flawed from birth. Indeed, thinking about justice and
formulating it are two different things. Portalis as confirmed by Sudikno Mertokusumo,
argues that the book of laws although seemingly complete, but never completed, because
thousands of unexpected problems will be submitted to the judge (Roseffendi, 2018).
The laws that have been established will not change, while humans never stop and
developments always lead to new events. Meanwhile, the reality of life in society is dynamic
following the times. Therefore, the law will always be left behind by social dynamics, in other
words, when a regulation is made, then from that moment on the regulation is obsolete. As a
further consequence, the legal certainty contained in written regulations is often irrelevant to
the justice expected by society. Law was originally an instrument to achieve justice, but in
developments influenced by the formal legality of the positivistic school, it indirectly made
law a goal.
As a result, the factor of justice in law enforcement is often overruled by legal certainty.
Whereas justice is the ultimate goal of a legal process, justice does not lie in the laws and
regulations, but in the perspective of society. Laws and regulations are only a means that leads
humans to achieve justice. Therefore, in the formation of laws and regulations, societal reality
cannot be ignored, because it determines the substance of the law, as Karl Menheim said that
circumstances determine thought and action. Thus, ideally changes in the law follow changes
in time, changes in circumstances and realities that live and develop in society. If a pure
content of legislation comes from the community, then there is certainly no reason for a
person to claim that he does not know that there is a law that regulates that he should not
perform a certain action. In fact, if we adhere to the principle of praesumptio iuris et de iure,
not only can a person be subjected to the rules of the law, but also to the rules of customary
law or jurisprudence even though the person does not know modern law.
The distance between society and its laws. In line with the opinion of portalis, bagir
manan in ridwan hr states that the law is only a reflection of instantaneous events (moment
opname) which contains general provisions only and changes require a complicated process.
Meanwhile, the reality of life in society is dynamic following the times. Therefore, the law
will always be left behind by social dynamics, in other words, when a regulation is made, then
from that moment on the regulation is obsolete. As a further consequence, the legal certainty
contained in written regulations is often irrelevant to the justice expected by society. Law was
originally an instrument to achieve justice, but in developments influenced by formal legality
from the positivistic school, it indirectly made law a goal. As a result, the factor of justice in
law enforcement is often sidelined by legal certainty. Whereas justice is the ultimate goal of a
legal process, justice does not lie in the laws and regulations, but in the perspective of society.
Legislation is only a means that leads humans to achieve justice. Therefore, in the
formation of laws and regulations, social reality cannot be ignored, because it determines the
substance of the law, as stated by Karl Menheim who said that circumstances determine
thought and action. Thus, ideally changes in the law follow changes in time, changes in
circumstances and realities that live and develop in society. If a pure legislative content
material comes from the community, then there is certainly no reason for a person to claim
that he does not know that there is a law that regulates that he should not perform a certain
action. In fact, if we adhere to the principle of praesumptio iuris et de iure, it is not only
people who can be subjected to the rules of the law, but can also be subjected to the rules of
customary law or jurisprudence even though the person is not aware of the existence of
customary law and jurisprudence. According to Bagir Manan, good law in its formation and
in its enforcement is strongly influenced by social, economic, political and cultural realities.
Although in certain situations, it is recognized that the law can act as a means of reform, but
in many ways the law is a reflection of society. Therefore, it can be said that law enforcement
does not merely mean the implementation of legislation, although in reality in United States
the tendency is so, so the notion of law enforcement is so popular. In addition, there is a
strong tendency to interpret law enforcement as the implementation of decisions judicial
decisions. It should be noted, that these rather narrow opinions have weaknesses, if the
implementation of the legislation or the decision of the judge's decision actually disturbs the
peace and order in the association of life. Based on the above description, it can be understood
that the law is not only understood as a matter or a matter of regulation. Law is more of a
human problem than a regulation.
The regulation will not cause various upheavals in the law if it is not driven by humans.
But on the other hand, the law can indirectly influence human behavior and society in
behavior. When the existing law contains heavy sanctions, it will form a tendency for people
to obey and be orderly, even though someone's obedience or compliance with the law is not
always caused by fear of sanctions, but there are times when someone obeys the law because
they realize the benefits of the law itself.
Sociology of Law Against Social Control
When looking at the concept of legal sociology from Soerjono Soekanto which states
that legal sociology is a branch of science that analytically and empirically analyzes or studies
the mutual relationship between law and other social symptoms (Soejono Soekanto, 1989).
Then we look at the concept of Thomas Hobbes, namely the purpose of life is happiness, it
can only be achieved by competing, then the tools to achieve such happiness through the
power of wealth, good name, the greatest power for human interests is the state (Soehino,
2013). It can be said that the importance of legal sociology as a tool to control social
symptoms when dealing with a legal product made by the state. A good law is a law that is
not formed based on the unilateral will of the despotic government, but the law is formed
based on the will of the people / society and is used for the benefit of the people to achieve the
purpose of the law itself, namely justice. In essence, the problem of legal awareness of
citizens concerns the factors of whether a certain legal provision is known, understood,
obeyed, and appreciated. If citizens only know the existence of a legal provision, then the
level of legal awareness is lower than those who understand it, and so on.
According to Zainuddin Ali, the things that determine legal awareness are (Ali Zainuddin,
2021):
Legal knowledge, if a law has been promulgated and published according to legal and official
procedures, then juridically the legislation is valid. Then the assumption arises that every
citizen is considered to be aware of the existence of the law.
Legal understanding if only legal knowledge is possessed by the community, it is not
sufficient, an understanding of the applicable law is still needed, through understanding the
law, the community is expected to understand the purpose of the legislation and its benefits
for the parties whose lives are regulated by the invitation legislation.
A citizen obeys the law for various reasons. These reasons can be exemplified as follows:
Fear due to negative sanctions, if the law is broken;
To maintain good relations with the authorities;
To maintain good relations with his fellow colleagues;
Because the law is in line with their values.
Its importance is theoretically assured, the fourth factor being the most favorable. That is
because in the first, second and third factors, the application of the law is always in reality.
Expectations of the law A legal norm will be respected by citizens if they know, understand
and obey it. That is, he can really feel that the law produces order and tranquility in him. Law
is not only related to the outward aspect of man, but also to the inner aspect.
Increasing legal awareness should be done through regular legal information and counseling
on the basis of solid planning.
The main purpose of legal information and counseling is for citizens to understand
certain laws, according to the legal problems that are being faced at a time. Information Legal
awareness and legal counseling is the task of the legal community in general, and especially
those who may be directly related to citizens, namely legal officers. If the legal awareness is
adhered to by the wider community, it will form a legal culture in which it contains the values
underlying the applicable law such as the value of order and tranquility, ethical value,
certainty value, benefit value, and justice value. These values are what motivate everyone to
obey the law, so that in the end the law can function properly in achieving the most noble
legal goals of justice, benefit and certainty.
Conclusions
Humans are creatures who always want to meet and gather with other humans. This
situation encourages the formation of rules to regulate these interactions. The existence of
these rules is useful for achieving common goals in society, providing instructions on what to
do and what not to do, and to direct behavior in society. It is understood that humans are
originally individual beings. These guidelines, measures or standards on how to behave or
conduct oneself in life are known as laws. The sociology of law is useful for teaching the skill
of understanding law in a social context. Although people try to introduce or incorporate
justice into written laws or regulations, the result is more lack than good. Justice is the
ultimate goal of the legal process.
