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All Journal Perspektif Hukum Jurnal Sosial, Politik dan Budaya (SOSPOLBUD)
Murdoko
Universitas Widya Mataram Yogyakarta
Law, Crime, Criminology & Criminal Justice Social Sciences

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Disparitas Penegakan Hukum di Indonesia (Analisis Kritis Kasus Nenek Minah dalam Perspektif Hukum Progresif) Murdoko
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.53

Abstract

This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of Nenek Minah is ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.
Views of Sociology of Law Regarding Community Social Control Murdoko; Rossita Trijaya Novia; Edi Prianto; Vicki Dwi Purnomo
Jurnal Sosial, Politik dan Budaya (SOSPOLBUD) Vol. 2 No. 1 (2023): January, 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (187.667 KB) | DOI: 10.55927/sospolbud.v2i1.2731

Abstract

Law plays an active role as something that can determine human behavior that deviates from the rule of law. The cause of the law not working well is due to low public awareness of the law itself. Legal causes are irrelevant to the reality of society because existing laws are formed from the will of the elite (rulers), while society is the target object. In fact, in order for the law to apply responsively, the law must be formed from the realities that live in society. The results of the study can be concluded that the use of a sociological perspective in analyzing legal issues (legal sociology), namely: sociology of law is useful to provide the ability to understand law in a social context, mastery of the concepts of sociology of law can provide the ability to conduct an analysis of the effectiveness of law in society, both as a means of social control, a means of changing society and a means of regulating social interaction, in order to achieve certain social conditions, and provide the ability to evaluate the effectiveness of law in society.
Co-Authors Edi Prianto Rossita Trijaya Novia Vicki Dwi Purnomo