RELATIONSHIP BETWEEN LAW AND SOCIAL : A PERSPECTIVE OF LAW

Abstract

To achieve order and legal certainty in society, law

enforcement needs to be carried out. This law

enforcement is carried out, among others, by regulating

the duties, functions, and authorities of institutions

tasked with enforcing the law according to the authority

of each institution, to achieve the creation of order and

legal certainty, a good cooperation system is needed

between law enforcement institutions. According to

Satjipto Raharjo (Prof. Tjip), law enforcement in

Indonesia is filled with complexity. One manifestation of

this complexity can be stated as “law enforcement being

pushed into the slow lane”. Prof. Tjip said that basically

the technology of modern law uses the method of

“generalization” which always has the determination to

be neutral, objective, and “indiscriminate” in dealing

with legal problems in society. However, in everyday

reality, this method must face the “doctrine of who”,

which always questions “who is the person”. As a result

of this doctrine, the principle of indiscriminateness

changes to the principle of “discrimination”, and it is not

impossible that the legal process is also pushed into the

slow lane. This research is normative legal research that

uses data collection techniques, literature studies guided

by primary, secondary and tertiary legal materials and

then analyzed. To see how law enforcement in Indonesia

is seen from a legal sociology perspective. Keywords:

law enforcement, legal certainty, sociology of law