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Jumat, 27 Januari 2012

We complained to the legality

The legal expert Prof. Sociology Satjipto Raharjo, in his book "The other side of the law in Indonesia, Compass Publishing, 2003," implying that, in the sense of innocence, even if the trial faction Judex (PN and PT) pleaded guilty, is a bad precedent for the creation of the legal culture in this country. "Critical view of the legal sociologist kmenjadi worth reflecting on the whole, it is a profound message about our own need mentradisikan culture in this country, as it contains the law is not possible without an overall culture of a just law can be performed.

Legal culture is closely related to the law and knowledge of the law within the community. In the legal culture is a tradition that can be seen every day in public behavior that is consistent and reflects the will of the laws or guidelines set apply to all subjects of law in the life of the nation and state. In the legal culture of society can also be seen if our society is in serious legal conscience, the law has applied a rule of common life and the basis for any problems resulting from the risk of living together to solve. However, looking at the material, is difficult to develop a culture of right to build there.

Real awareness of the law alone is not enough to build the legal culture in this country, because the legal conscience of the community is always an abstraction, not really a form of behavior, even if our society is indeed instinctively or rationally recognizes the need for obedience and respect for the law. Therefore, although we are aware of the laws of the country, our society is not necessarily in accordance with the law. Obey the law may be important in building the legal culture in this country, and if it is indeed legal requirements?.

Authors should keep in mind that law enforcement is essentially a community or an organization whose loyalty was loyalty to the law is reflected in the shape of a real law-abiding behavior. Against the tide in a lawless society, because society is confronted with two cases in which the fidelity between conflicting loyalties to loyalty to another. So people are faced with fidelity to the law or comply with the "personal interests" that conflict with the law, such as trafficking, corruption, acts of anarchism, and so on. Besides, people dare not be law abiding interest in people, because the law is no longer the authority in law for their personal interests are no longer good law. So in this case, loyalty to their own interest, at the foot of a human being or decline, because our society does not comply with the law.

If the duty of loyalty can not be invoked to enforce the new law, the state or the government will not build and public fear as a factor that makes people obey the law. If we have always made the country the law, any person subject to the law. The law can not be applied in a discriminatory manner, not on the side of everything and everyone, except for truth and justice itself. Here is the righteousness of the law. But if justice is discriminatory, may be invoked as a means of fighting for justice and right, then it should not be blamed if people fight for their rights through the law of the jungle or physical violence. Therefore, the legal authority to enforce the law, so that people can be in the form of obedience to the law itself. Therefore, the need to build a culture of law is a matter of principle in the law, the law must be able to change society for the better, more organized you can rely on the defense of rights and justice, more able to create a sense of security. I wish ..!.