THE ROLE OF LAW AS SOCIAL CONTROL, SOCIAL ENGINEERING
AND SOCIAL WELFARE
Introduction
Everyone in society must pay attention to and implement (obey) the rule of law2, in
order to create an orderly and peaceful life. If there is a violation of the law against the
applicable legal regulations, the rules that are violated must be enforced,3 the implementation
of the rule of low (law enforcement) in a country is very difficult to separate it from the aspect
of the rule of law state politics. The political situation is what gives the style and form of law
enforcement implementation.
Law as a political tool is very difficult to separate, although there are also opinions that
state it is not necessarily so. According to Ahmad Ali, law and politics cannot be separated,
especially written law. In fact, he refutes the dogmatic view that law as a political tool is not
universal, but only belongs to certain countries.5 Law, especially written law, is a universal
political tool. This is further reinforced when law is seen as a tool of social engineering.
The government is in charge of determining the form and style of law used in
maintaining the ideals of the state. A method has the nature of law because the method is
determined and maintained by the state, in this case by officials. Law is one of the tools for
the state in maintaining its national ideals. Because the state is essentially a political order of a
society, the legal ideals of a state are ideally a further result of its political ideals. Therefore,
the applicable law certainly contains the political ideals of the people or groups in power in
the country concerned.
However, it should be noted that the ruler, in this case the government, is not arbitrary
in giving the binding force of the law. The binding force of the law depends largely on the
consciousness of the people. The law applies based on its inner values. Law as a political tool
is not binding because of the will of the ruler, but the government only gets power from the
law. In the Republic of Indonesia, the political ideals of the state can be seen in the foundation
and constitution of the state (Pancasila and the 1945 Constitution). These national ideals must
be realized in the political order, life and journey of the nation. All institutions owned by the
state, especially the authorities and lawmakers as far as possible to plan and implement laws
that can realize these ideals.
It can even be said that law is the dominant tool in realizing the national political ideals
of the Indonesia state and nation. A sense of security, a sense of order, a sense of justice, a
sense of freedom of speech, which are political demands of citizens that must be carried out
by political rulers, can be reflected in national law which is also a political tool.
Thus, the law changes according to the conditions of time and place. The social history
of Islamic law,9 as a political tool, in the sense of a tool to realize the political ideals of the
state. Although it must be remembered that the law is also inseparable from the desires of the
people or groups who rule. However, they compile the law not separated from the basis and
constitution of the state which contains national ideals.
Problem Formulation
To what extent does law play an active role in moving society towards a change in law
as social control, social engineering and social welfare?
How can the function of law be realized or work well so that legal objectives can be
realized.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
Meaning of Islamic Law
There are several key terms that keep appearing when discussing Islamic law, namely
shari'at, fiqh, qanun, fatwa, qadha, siyasah shar'iyah and law. Islamic law is essentially the
law that originates from and is part of the religion of Islam.10 Given the importance of this
terminology, each person and group tends to understand it according to their respective
frames of mind.
According to scholarly consensus, Shari'a is the rulings that God has made for His
slaves, brought by one of His Prophets, Muhammad (peace be upon him), whether these
rulings relate to the manner of performing actions, which are referred to as "branch rulings of
practice", and for which the science of fiqh was compiled, or relate to the manner of believing
(i'tikad), which is referred to as the "main rulings" and beliefs, and for which the science of
kalam was compiled. Shari'at (Shara') is also called religion (al-din and millah).
The term sharia actually has a broad meaning, not only meaning fiqh and law, but also
includes creed and morals. Thus sharia implies belief in Allah, obeying Him, believing in His
messengers, His books and the day of reckoning. In short, sharia includes everything that
leads a person to surrender to God (Muslim). Fiqh is the knowledge of a set of furu'iyah
(branch) laws of Shara' that are obtained through reasoning or research and istidlal.
Fiqh is knowledge that is produced by the mind and ijtihad (research) and requires
thought and reflection. Therefore, God cannot be called a faqih (expert in fiqh), because for
Him there is nothing that is not fiqh clear. Thus fiqh is not the shari'a, but rather the product
or result of the shari'a itself that is explored by the mujtahids (people who do research on the
arguments of both the Qur'an and the hadith). It only discusses furu'iyah practices that are
based on detailed evidence. The evidence that is extracted is zhanny (subject to interpretation)
not qath'iy (which cannot be interpreted).
The application of this fiqh in everyday life can take the form of a fatwa when
Muslims question the ruling of a matter to a figure who is considered the most knowledgeable
in fiqh, known as a mufti. Fatwas are more of a voluntary effort by people to apply divine
guidance to regulate their conduct, and as such they reflect the real conditions of society.
The word law used in Indonesia today comes from the word hukm (ﺤﻛﻢ) which means
norms or rules; measures, benchmarks, standards, guidelines used to judge the behavior or
actions of people and objects.15 The word ha- ka-ma in Arabic can also be interpreted as
preventing or rejecting. Preventing injustice, injustice and persecution is called law.
The word law as it is known in Indonesia comes from the Arabic hukm which
means judgment or provision. In the book Encyclopedia of Islamic Law, law means to
establish something over something or negate it. For Muslims, it is clear that what is meant as
law is Islamic Law, namely the entire rule of law that originates from the Koran, and for
certain periods of time is further concretized by the Prophet Muhammad in his behavior,
which is commonly called the Sunnah of the Apostle.
There are two categories of rulings that are born from Allah's commands, namely
obligatory and sunnah, while words in the form of prohibitions give birth to haram and
makruh rulings. As for the words of Allah that give people the freedom to make choices
between doing and not doing, they are categorized as mubah (permissible). It implies that it is
permissible to do and permissible to leave, so it seems that there is no demand in it.
Law as social control
In viewing the law as a tool of human social control, the law is one of the tools of
social control. Other tools still exist because the existence of other social institutions (e.g.
faith, morality) is still recognized. Social control is a normative aspect of social life. It can
even be stated as providing a definition of deviant behavior and the consequences it causes,
such as various prohibitions, demands, and compensation.
Law as a means of social control means that it is something that can determine human
behavior. This behavior can be defined as something that deviates from the rule of law. As a
result, the law can provide sanctions or actions against the violator. Therefore, the law also
stipulates the sanctions that must be accepted by the perpetrator. This means that the law
directs people to act correctly according to the rules so that peace is realized.
Legal sanctions against deviant behavior differ among societies. It seems that this is
very much related to many things, such as religious beliefs, philosophical schools that are
adopted. In other words, this sanction is related to social control. Ahmad Ali mentioned that
the sanctions for adultery are different for people who follow Islam consistently with Western
European societies.19 Muslims give heavier sanctions, while Western Europeans give only
light sanctions. Law, while not the only means of social control, also plays a passive role as a
controlling tool. This means that the law adapts to the realities of society, which is influenced
by the beliefs and teachings of other philosophies it holds.
In this case, the function of law is further expanded so that it is not only in the form of
coercion. This function can be carried out by two forms: 1) the state authorities. This function
is carried out by a centralized power in the form of state power exercised by a certain ruling
class. The law is usually in the form of written law and legislation. 2) the community; this
function is carried out by the community itself from below. The law is usually in the form of
unwritten or customary law.
The function of law as a means of social control can run well if there are things that
support it. The implementation of this function is closely related to good and clear legal
material. In addition, the implementing party is very decisive. The person who will implement
this law is no less important. A rule or law that has met the expectations of a society and
received support, may not necessarily run well if it is not supported by implementing officials
who are kimit to the implementation of the law. It is the latter that is often complained about
by the Indonesia people. The apparatus seems to be influenced by other elements that should
not be the determining factor, such as power, material and selfishness and collusion. The
image of law enforcement is still vulnerable.
An example of the function of social control is carried out through the stage of
prohibiting usury and alcohol. This function can be called amar ma'ruf nahi munkar. From
this function, the purpose of Islamic law (maqasid Ash-shari'ah) will be achieved, which is to
bring (create) benefit and avoid harm in this world and the hereafter.
As well, after the religion of Islamic law became the official religion of the kingdom,
the components of customary law - namely pangandereng for the Bugis and pangaddakang21
for the Makassarese - which originally consisted of only four components, were added into
five components, namely: Ade, Bicara, Wari, Rappang and Sara'22 or Islamic law. During the
heyday of the Islamic kingdoms in South Sulawesi, the Bugis, Makassarese and Mandarese
said "you are not Bugis if you are not Muslim". This civilization of Islamic law was fertilized
with a sense of peace and guarded by the value of siri23, meaning that implementing Islamic
law means upholding siri, the loss of siri, means the loss of self-esteem and dignity as a
human being.
Law as social engineering
The existence of the function of law as a tool of social engineering, A society
anywhere in the world, nothing is static. Any society always undergoes changes, it's just that
there are societies that change rapidly and some are slow. In adjusting to those changes, law
functions as a tool of engineering, as a social engineer, as a tool to change society to a
common desired goal.
This shows that law as social engineering is indispensable in the process of societal
change that always occurs anywhere, especially in conditions of progress that require
relatively rapid changes. The function of law as social engineering is also often referred to as
a tool of engineering, which in principle is a legal function that can be directed to change
certain patterns in a society, either in the sense of strengthening a habit into something that is
more believed and more obeyed, or in other forms of change.
The function of law as social engineering which is increasingly important in the era of
development is as a means of community development. This is based on the assumption that
the existence of order in development is something that is considered important and
indispensable.
In addition, the law as a rule system can function to channel the directions of the
activities of citizens to the goals desired by the change. It is certain that the above legal
functions should be carried out, in addition to the legal function as a social control system.
Although a number of experts give a positive view of the function of law as social
engineering, this function does not escape criticism or weaknesses. Against the response, as
stated by Daniel S. Lev quoted by Achmad Ali, by stating that "talking about law as social
engineering means giving very full power to the government. We always use the term as
something neutral, even though the use of the term is actually not neutral. The term can be
used for good purposes and can also be used for bad purposes. The term itself has two
meanings, one as a procedure, a way of changing society, and the second most important one
is materially, that is, what society is desired. That is not easy, we have to ask what kind of
society the government and the citizens want.
The view expressed above shows that the function of law as social engineering has a
meaning that is not always positive, and can even be interpreted negatively, especially
because of the unclear direction that the law will take in engineering the society concerned.
By putting forward a number of examples, the disadvantages and advantages of the function
of law as social engineering, as he revealed that "Examples of the positive impact of using
law as social engineering include : The 1954 United States Supreme Court ruling that black
people should be equal to white people.
The negative impact of the use of law as social engineering is that it only brings
benefits to a small part of the world community, it harms most of the other community
members". With this view, it can be said that the function of law as a means or tool of social
engineering in its application needs to be done extra carefully, so that as far as possible it does
not bring negative impacts as feared, and even if necessary in its implementation it really will
not give birth to such impacts.
The existence of law as social engineering reflects the function of law as a means of
coercion that protects citizens from all forms of threats and harmful actions. This legal
function can be called the function of realizing the objectives of Islamic law.
Law as social wellfire
In the context of Indonesia, where the majority of the population is Muslim, Islamic
law is a law that flows and has entrenched roots in the culture of Indonesia society. Therefore,
Islamic law in Indonesia is a law that lives in the community (the living law) or by using the
term "living law". Geertz's perspective, Islamic values in Indonesia have become patterns of
behavior. This phenomenon occurs not only because Islam is the religion practiced by the
majority of Indonesia population, but because the practice dimension of Islamic law has
become part of the community's tradition which is sometimes considered sacred.
The function of law as a means to regulate as well as possible and facilitate the
process of social interaction so that a harmonious, safe and prosperous society (baldatun
toyyibatun warabbun ghafur) is strong evidence of how social context is very influential in
determining the legal products that arise. Among the fuqaha, for example, the dynamics of
thought between Syafi'i with his qaul qadim and qaul jadid, Malik with his maslahah
mursalah, Abu Hanifah with his rational thinking, and Ibn Hambal with his traditional
thinking (salaf) show how their dialogical interaction with the social context of the
community and where they live can affect the shape and their understanding of sharia.
Similarly, customary practices that live in the community, in general, are also adopted
by Islam as a means of compiling Islamic legal rules, as long as these customary practices do
not conflict with Islamic teachings as contained in the Qur'an and the sunnah of the
prophet.31 However, all of them, as with other legal systems, are the result of human
interaction with social and political conditions. This understanding is the basis for the need
for a sociological and historical approach in an effort to realize a harmonious, safe and
prosperous society (baldatun toyyibatun warabbun ghafur).
The function of law in realizing good law
In social life, the law has played a very important role in maintaining order and
tranquility. This is because the law regulates so that the interests of each individual do not
intersect with the public interest, regulates the implementation of the rights and obligations of
the community or the parties in a legal relationship and so on.32 What is expected from the
law is the operation of legal functions. With the operation of the legal function as it should be,
law enforcement is very likely to be realized. Why has the law been weak? Because the legal
function is not running well if you don't want to say stagnant. Stagnation is caused by many
factors which are then often debated or discussed by experts and legal experts in the mass
media.
Law functions as a means to bring order to society and regulate the association of
community life, as well as a means to resolve disputes or disputes in society.34 Meanwhile,
according to Prof.Dr. Soerjono Soekanto, "As a tool to implement order and tranquility in
social life and a means to realize social justice, both physically and mentally and drive
development for the community."
In terms of the formulation of the function of law, there is a relatively similar
formulation among experts. However, in general, the substance of the formulation is almost
the same. pragmatically, the law in Indonesia today has been controlled by the judicial mafia.
The existing laws and judicial institutions are no longer the last bastion for justice seekers.
This has led to the community often taking the law into their own hands in resolving the cases
they face. As a consequence, instead of crime being suppressed, it becomes more widespread.
Therefore, as a first step to suppressing the outbreak of violence resulting from the The poor
level of public trust in the government and law enforcement, according to him, requires
efforts to restore the trust of citizens in the law and law enforcement.
Conclusion
Law as social control, social engineering and social welfare
Actively acting as something that can determine human behavior. Behavior that deviates
from the rule of law. So that the law can provide sanctions or actions against the
violator.
It plays a role as social engineering in the process of societal change that is always
happening, especially in conditions of progress that demand the need for relatively rapid
changes. as a tool of engineering which in principle is a direction to change certain
patterns in a society, either in the sense of cementing a habit into something that is more
believed and more obeyed, or in other forms of change.
Likewise, as welfare plays a role and is a means to regulate as well as possible and
facilitate the process of social interaction so that a harmonious, safe and prosperous
society is realized (baldatun toyyibatun warabbun ghafur).
In order for the law to function properly, there needs to be socialization of the law and it must
be enforced as fairly as possible because it causes people to often take the law into their own
hands in resolving the cases they face. As a first step to suppress the outbreak of violence due
to the poor level of public trust in the government and law enforcement, it is necessary to
restore the trust of citizens in the law and law enforcement.
