ATTITUDE AGAINST THE LAW AS A RESULT DISORIENTATION OF LAW

PART I 

INTRODUCTION 

1. Background

Since the beginning of the formation history of mankind in the context of interaction in the community, is a question of rules or norms incarnation required in order to achieve harmonization. In empirical sociological, rules or norms are demands or key in achieving stabilization of the interaction so that violations of rules or norms will be sentenced or social sanctions. 

Rule of law is derived from the social rules of life in society is an umbrella. According to Saifullah, in his book Reflections on Sociology of Law, which is not a civilized society is a society that does not have a social norm, or the people who deny or deviate from the social norm. In human history this has a lot to prove. 

Interaction of human life in society throughout the journey of life no one walks straight, smooth, and safe. Throughout human life, persengkataan, crime, injustice, discrimination, social inequality, racial conflict and so are colorful than reality faced. These problems grew in another modification due to the influence of globalization will increasingly sophisticated technology as old as the age of the earth. 

Humans also realize that the serenity and tranquility of life can not be achieved without the self-awareness to change, improve behavior in addition to the support of the community to recover. By nature, these essential rights will be achieved when communities "provide" device control, social control, whether it be written or unwritten rules, institutional implementers sanctions or other forms of agreement which perform these functions. 

However, all forms of problems that exist in society not only disturb the peace and tranquility of human life. In the legal context, the problem can lead to the collapse of law. Conditions that then form an anomic society, people who act without restraint in the absence of governing law. Furthermore, the legal vacuum very negative impact on human social life, in every aspect. So this is where the collapse of the law will soon be seen slowly and eventually the law in a country living a mere name. 

The absence of law is a result of what happens when a lot of people is against the law. That attitude certainly arises because the level of legal awareness is very low. In addition to low awareness, the behavior of law enforcement officials were negligent in enforcing the law, a distrust of the law. If people do not believe anymore against state law, meaning the law will result in damage to the extensive damage again, of course, the damage will cause damage to the law in all aspects of the order of reality life of the nation. 

Why is there a skeptical attitude towards the law? The attitude was born of the fact that the law is no longer present as a "commander" but as a trouble maker. Crime as a masked form of law; judicial crime, crime activism, crime lawyer enough to describe the legal kenyataann out of itself that is paglima. 

Attitude against the law of course is directly related to the process of the collapse of law that is the beginning of disorientation law. In this paper we will discuss the problems caused by the collapse of law and legal disorientation ultimately boils down to the attitude against the law. Therefore, the authors formulate title: ATTITUDE AGAINST THE LAW AS A RESULT OF LAW disorientation. We want to examine more about the legal issues in the Indonesian collapse caused by disorientation law which will cause the birth of various forms of illegal behavior. 

1.2. Formulation of Problems 

A) What is the attitude of the law against the law and disorientation 

B) How does the collapse of law with the law disorientation 

Writing 1.3.Tujuan 

A) Describe the nature of nature against the law and legal disorientation 

B) Describe the relationship stance against the law and legal disorientation 

Writing 1.4.Manfaat 

A) For law enforcement, to be more consistent and resolute in upholding justice and the rule of law, so obedient and law-abiding society. 

B) For the government, to be more assertive in taking care of the legal issues that occurred in Indonesia so it does not pose a more complex problem that is disrupting the life of society, nation and state. 

C) For the community, to be more aware of their rights and obligations as a good citizen, so do not act outside the provisions of the law (against the law) 

D) For the author, to be able to apply the theories that have been obtained in studying the legal issues that occur in social life. 

CHAPTER II 

LITERATURE 

2.1. Legal definition 

2.1.1. According to Emanuel Kant 

The law is the whole of the conditions which allow the arbitrariness of consent (ie freedom as freedom of choice) is an arbitrariness with which others can fit under a general law of freedom. Law is a restriction of the freedom of every person to make it in accordance with the freedom of all people. (Scheltens, 1984; 66) 

2.1.2. Ridwan A. Halim 

Law is a group or set of rules, both written and unwritten, which serves to regulate human life in society, nation and the state in the areas of life which includes settings in a particular area at a particular time or period. (Ridwan Halim, 2007; 2) 2 

2.2. Legal Definition of Attitude Against 

In this paper, the meaning of attitude against the law is an act which contains elements or nature against the law. Therefore, we define a stand against the law as an unlawful act (written and habit / custom) for having unlawful nature. 

One of the main elements of a criminal offense that is objective is the nature against the law. It is linked to the principle of legality implicit in article 1 of the Criminal Code. In Dutch law against nature is wederrechtelijk (Weder = contrary to, against; recht = law). Meaning of the term it is against the law there are three establishments: 

a) contrary to the law (Simons) 

b) contrary to the right (recht subyektief) others 

c) without authority or without rights, it need not be in conflict with the law (HR). 

Elements of the law against it is an objective assessment of the act, and not to the creator. In German it is called "tatbestandsmaszig". Tasbestand here in the narrow sense, is the whole element of the offense as defined in the penal regulations. Tasbestand in this narrow sense consists of tasbestand mer male, is each element of the offense formula. 

Exceptions to tasbestand mer male, can be excluded for the actions that satisfy the formula offense (tatbestandsmaszig) was not always is against the law, because there may be things that eliminate its legal actions against the properties. For example, in order to implement legislation (ps. 50 of the Criminal Code). 

Other terms mentioned in the Criminal Code to provide an understanding of the nature of this is against the law, calling it a "no right" or "no right" or "no treatment". 

2.2.1. Unlawful Distribution of nature doctrine. 

In the book Principles of Criminal Law, Moeljatno unlawful nature of the doctrine divides into two, namely: 

1) The nature against formal law. 

An act that is against the law, if the act be punished and formulated as an offense in law; is the nature of the act of unlawfulness can delete, just based on a provision of the law. So according to this teaching against the law is against or contrary to the law (the written law). 

In the nature of the material against the law needs to be distinguished: 

a) The act is said to be against the law if such actions are punishable as fulfilling element formulation of laws and regulations in force. In other words, in this teaching, is a law against nature is against the legislation (written law). 

b) The act which is against the law can only be eliminated by a provision of the applicable legislation. In other words, justification should only be taken from the legislation (written law). 

2) Nature of material unlawfulness. 

An act is against the law or not, is not only contained in the law (written), but also to be seen the enactment of the principles of unwritten law. The nature of legal actions against the ostensibly included in the formulation of the offense can delete based on the provisions of the law and also based on the rules that are not written (uber gezetzlich). So according to this teaching against the law is in conflict with the law (the written law) and also contrary to the unwritten law including deontology. 

2.2.2. Elements of Unlawful 

Of various formulations of criminal acts, Moeljatno concluded and divide the element of unlawfulness into 2 (two) types, namely the unlawful objective and subjective legal fight. 

In summary, according to objective law against Moeljatno is against the law relating to actions so as to make the act illegal, against the law whether or not used as a separate element. Then Moeljatno also said that if the nature of the act does abstinence have seemed so reasonable it does not need to be held separate elements, namely the words that show that the act was contrary to law. But the act does adakalnya kepantangan not clear enough with the existing elements it is considered necessary to add an element in the formulation of the law against such article. 

  While subjective unlawful is unlawful with regard to everything that is inside of the perpetrator, that is a new action will be forbidden if the bad intentions of the perpetrators of such acts. Nature against the law is expressed from things born, but hung on the inner attitude of the perpetrator (Moeljatno, 2008, 67-69). 

Of understanding the nature and distribution against the law above, it can be stated that the unlawful nature has 4 (four) meanings. First, the nature of the law against the general terms can be defined dipidananya definition an act as criminal acts that human behavior is included in the formulation of the offense, is against the law and may be censured; second, against the law included in the formulation of the offense, thus the nature of the requirement against a written law to be dipidananya an act; Third, the nature of formal legal means against all elements of a formulation of the offense have been met; and fourth, the nature of material unlawfulness contains 2 (two) views, first from the point of the act, which means breaking the law or endanger the interests to be protected by law makers in the formulation of the offense, and the second from a legal source, which contains unlawful nature conflict with the principles of propriety, justice, and law who live in the community (Eddy OS Hiariej, www.unisosdem.com). 

2.2.5. Because the nature of the law against 

2.2.5.1. Weak Legal Consciousness 

Legal awareness is basically an awareness of ourselves, in which we see ourselves confronted with the law. The person who has the legal awareness means that people will believe the ideals of the highest goodness. Keyakinkan that is the place for the fabric of the values ​​in the minds and hearts of struggling human beings. People who feel and experience the belief that a concrete actions to be done or should not be done at all. Thus, awareness of the law was in essence a belief in the values ​​contained in man of the law that never was, who is and who will be there. In addition, the fabric of values ​​in human beings it is a reflection of the result of a continuous process of social interaction and dynamic, in rangkamemilih direction of social life. 

In the concrete situation of legal awareness will manifest in the form of compliance or adherence to the law. Compliance terhadapa law so dependent on the growth of intellect, will and sense of a person. There are those who obey the law for fear of punishment, there terhadapa law-abiding life for the sake of piquancy together, because there is a law in accordance with the ideals, some are due to the interest. However, in the end, if it's legal awareness comes, people only have two choices, to accept or reject. 

Psychological Konsekunsi of moral awareness on the law, that the emergence of consciousness that inspires a sense compulsory, namely: 4 

1 Wajiib do good 

Understanding compulsory here, the emergence of the conscious soul, to meet or carry it with full conscious, to meet and carry it with full responsibility, so it is not due to the coercion or expect praise from others. 

2 That the moral consciousness of the law was, the sense of humanity 

The emergence of the crime with one another, it is caused by a sense of humanity, it is not highlighted, but the animal passions; This animal lust typically uncompromising. Opponents of animal lust mendorogn sense of humanity is not in violation or crime terhadapa others. 

3 Sense of Introspection 

Ie, as the awareness to look into his own soul. This awareness will make people to do better against the law (Erwin, Mohamad.2011; 135-137) 

2.3. What is the legal disorientation 

According to Indonesian Dictionary of disorientation is chaos mecca; vagueness direction, losing power to recognize the environment, particularly with regard to time, place, and person. While the notion of customary law or regulation that is officially considered to be binding, which was confirmed by the ruler or government to regulate social life. 

From the second sense, the law can be interpreted as a disorienting mess or vagueness toward a law, so that it can no longer be a means of regulating social life. 

CHAPTER III 

COLLAPSE AGAINST THE LAW AND THE LAW 

When the law has become a game of mob justice, let alone the law already does not have the power to punish all forms of criminal activity. So this is where the collapse of the law will soon be seen slowly and eventually the law in a country living a mere name. The existence of the law should be able to make a protector for universal realities of people's lives, so that people get the fairest law, but that law has been damaged prior in an effort to do justice, statutory damages must be clearly visible in the middle of reality the life of society as a whole, 

Improvement is needed in the law to build a society that is far from the destructive action, but if the state law already does not have authority in the eyes of the wider community. Then there will be seen the collapse of law affects people's living conditions. So the reality of life in the community may occur a mistrust of the applicable state law. 

If people do not believe anymore against state law, meaning the law will result in damage to the extensive damage again, of course, the damage will cause damage to the law in all aspects of the order of reality life of the nation. So this is where the law should be enforced, to create a reality of life of the nation, so that favorable conditions can occur in all aspects of community life universal reality. 

Problems collapse of state law can not be underestimated, let alone state law to be dismissed. Because if the state law is lowered, of course, the collapse of state law may result in a damage in the form of the joints of the reality of people's lives more broadly. In fact, when the collapse of the state law actually happen, of course, will lead to a form of mob rule in the midst of the reality of life of the nation. 

Collapse of the authority of the law is a condition that is very worrying for the reality of life of the nation. So for that community's role in building a law is needed, especially for the government as the country manager must have the courage to run law indiscriminately, not even that occurs as the manager of the state government to commit straddling a state law itself. 

The judiciary does not have time to do a selective logging in law enforcement, so the law of the state can be re-authoritative in the midst of the universal reality of people's lives. Building a state law is a necessity in the reality of the nation and state, that state law re-erect and dignified in all the earth Indonesia highway. 

2.1.6. The impact of the collapse of law 

a. injustice 

Injustice is the opposite of justice. Justice is one of the purposes of the law. Traits or characteristics can be summarized fairly meanings as follows; fair (just), is the law (legal), legal (lawful), unbiased (as impartial), equal rights (equal), decent (fair), formally fair (equitable), morally right (righteous). 

The purpose of the law is not only justice, but also the rule of law, and usefulness. Ideally, the law must accommodate all three. Yet, still there is an opinion, among the three objectives of the law, justice is the most important goal, and some have argued is the only legal purpose. An example is shown by an Indonesian judge, Bismar Siregar said, when I sacrificed for justice legal certainty, would I sacrifice the law. Only legal means, while the goal is justice (Erwin, Muhammad. 2011; 218) 3 

Then, what real justice itself? 

This question is answered by Ulpianus among others (200 M), which was then taken over by the Book Justianus, saying that justice is the will of the steady (patterned) and remains to give to each part (Constans et prepetua iustitia Voluntas est ius Suum cuique tribuendi). 

Ideals of justice in the law which is the struggle of humanity to evolve to follow the rhythm of the times and spaces, from the first until now without stopping and will continue until man does not move anymore. 

Aristotle states that justice is a virtue related to human relations. Aristotle states that the fair can mean under the law, and what is comparable, yaituyang properly. Here is also shown, that a person is unfair if the person is taking the proper lebihdari. People who ignore the law is not fair, because everything is based on laws that can be considered as fair. 

That is to say is that an unjust law deviates from the true meaning. 

b. uncertainty 

c. Turmoil 

The chaos is the opposite of order. Conceptually, the order itself can be interpreted as either regular state-paced, which by CJM Schuyt, the situation is characterized by the presence of: (1) can be estimated, (2) collaboration, (3) control of violence, (4) suitability, (5) durable, (6) steady, (7) stages, (8) compliance , (9) without dispute, (10) uniformity, (11) together, (12) steady, (13) a messenger, (14) keberurutan, (15) pattern of birth, (16) tersusun.5 

Therefore, the order is the value which requires regular circumstances, because based on their characteristics was over. An order directing the value of each individual to behave and act is supposed to be the regular state can be achieved with either. 

2.1.7. The process of legal collapse 

2.2. Efforts to raise awareness of law 

In general, people believe that the awareness of citizens against the law which resulted in high citizen to comply with the legislation in force. Conversely, if the legal awareness of citizens on low, the degree of compliance is also low. Such statements relate to the function of law in society or the effectiveness of the implementation of the provisions of law in the society. Another claims the public awareness of the law has some problems such as: whether a particular law is actually working or not in the community. For example, in general, the people who inhabit the city hammer in the late 80s to build a house without a permit (Permit to Build Building) so that most of the existing road is found to follow the house. As a result, the streets were mostly not straight. Examples mentioned, showed low awareness of citizens against the building permit (IMB) in the city of Palu. 

The function of law is highly conditional on the effectiveness of the law was instilled, and the public reaction to instill law period in question. For example, if there is legislation regarding taxation then first of all you need to do is the announcement through a variety of means of mass media. Then, it needs to be taken a certain time period to examine the reaction of the community. If the time period has past, then take firm action against the offenders. When taken this way, citizens will be put in response to the law, including enforcement and implementation. 

Thus, awareness of legal issues regarding the actual community factors whether a particular law is known, understood, adhered to, and appreciated? If citizens only know the existence of a legal provision, then the lower level of legal awareness of those who understand, and so on. That is what is called legal consciousness or knowlegde and opinion about the law. Matters relating to the legal awareness will be outlined as follows: 

1 Knowledge of Law 

When the legislation was enacted and published according to legal and official procedures, the juridical rules and regulations that apply perundan. Then comes the assumption that every citizen is considered public aware of these laws. However, that assumption is not so in reality. 

Legal knowledge society will be known when asked a set of questions regarding specific legal knowledge. The question is, is answered by the community right so we can say that the people that already know the correct legal knowledge. Conversely, if the questions is not answered correctly, it can be said that the public has not been or lack of legal knowledge. 

2 Understanding the Law 

If any legal knowledge possessed by the public, it is not adequate enough, still required an understanding of the applicable law. Through an understanding of the law, people are expected to understand the purpose of the legislation and its benefits BGI those whose lives are governed by the legislation in question. 

Understanding of public law will be known when asked a set of questions about a particular legal understanding. The question is, is answered by the community right so we can say that the people that already have a correct understanding of the law. Conversely, if a question is not answered correctly, it can be said that the people do not understand the law. 

3 Structuring Legal 

A citizens obey the law because of various reasons. The causes referred to, can be exemplified as follows: 

a. Afraid because negative sanctions, if the law is violated 

b. To maintain good relations with the authorities 

c. To maintain good relations with his fellow colleagues 

d. Because the law in accordance with the values ​​espoused 

e. guaranteed interest 

Theoretically, the fourth factor is a good thing. This was due to the first factor, second, and third, the application of the law must always be supervised by certain officers, so that the law was strictly followed in reality. In this case, there ought to be an in-depth study on the degree of adherence to the Law No. 38 of 1999. 

4 Hope for the law 

A legal norm will be appreciated by the citizens when he has to know, understand, and stick to it. That is, he can really feel that the law produces order and peace within themselves. The law does not just relate to the outward aspect of a human, but also in terms of the inner. 

5. Increased awareness of legal 

Increased awareness of the law should be conducted through illumination and legal counseling on a regular basis for planning is steady. Legal counseling intended that citizens know and understand certain laws, such as certain legislation concerning zakat, taxes, and so forth. Regulations meant, explained through illumination and legal counseling, may just need to explain certain clauses of the legislation, so that people feel the benefits. Lighting and legal counseling should be tailored to the legal problems that exist in society at a time that is the target of legal education. 

Legal counseling is the next stage of the legal illumination. The main purpose of illumination and legal counseling is that citizens understand certain laws, in accordance with the legal issues that are being faced at some point. Legal counseling must contain the rights and obligations in certain areas, as well as certain benefits intended bial law. 

Lighting and legal counseling is the duty of the law in general, and especially those who may be directly related to the community, namely the law officers. The latter was given special education, to be able to provide information and legal counseling. Do not let that happen officers who actually take advantage of the law for personal gain, to scare the citizens who are unfamiliar with the law. 

· Kesadara law enforcement community as a basis 

Questioned the legal awareness of the public in principle also questioned aspects of law enforcement. Study ever conducted by Soerjono Sukanto about awareness and compliance with the law in 1982, it became clear membuak door study of the importance of community involvement in the conception consciously abide by the laws that have been enacted and implemented consistently in communications / relations of society, nation, state, and even political . 

From the beginning there is no clear agreement about the conception of legal consciousness. Also questionable whether the same legal awareness with the legal sense. J.J. Schimd von (1965) gives a review of the legal sense, namely that the legal assessment that arise immediately from the community. While the more legal awareness is the formulation of the law regarding the assessment, which was done through a scientific interpretation. 

Paul Scholten (1954) mentions the legal consciousness is consciousness or values ​​contained in man on existing law or of the law that is expected there, the real emphasis is on function values ​​and the law is not a legal assessment of an event that concrete in the community. 

The emergence of legal awareness is driven by the extent of adherence to the law is based on: indoctrination, habituation, utility and group identification (bierstedt, 1970). The process occurs through internalization in human beings. Hereinafter this internalization levels that provide a strong motivation in human beings on enforcement issues. Soerjono Sukanto (1982, 1993) suggests there are four indicators of legal consciousness each is a stage for the next phase, namely knowledge of the law, understanding the law, legal attitudes, and behavior patterns of law. The factors that affect law enforcement, namely: legal factors alone (the Act), the law enforcement factor, the factor means / facilities, public awareness factors, and cultural factors.