Note Sociology of Law

Note Sociology of Law

Sociology of law is required and is not a new naming convention for a science that has long existed. Indeed, both the science of law and sociology of law has the same focus of the law; but the second point of view of science was also different, and therefore the results obtained to the two science was also different. Law is a cultural phenomenon that serves to implement kaidcah rules and patterns of certain perikelakuan of individuals in society. Studied law these symptoms and explain the meaning and purpose of these rules, because the rules were often not clear. Various legal rules that apply in society should be grouped into a systematic classification, and this is one of the tasks of legal science. (Soerjono Soekanto, 2001:9)
There are other facts that are not investigated by the legal science of behavior patterns (legal) community citizens. To what extent does the legal form of behavior patterns that are, or whether the law is made up of behavior patterns that. In the first case, how the ways of the most effective of the law in the formation of patterns of behavior? Is this what is the first scope of the sociology of law.
The scope of the law is concerned and further patterns as well as the creation perikelakuan form than the desires of social groups. Whether the forces that shape, distribution, or even destructive patterns that are juridical perikelakuan? Furthermore, an object that did not receive special attention from law, but the field of sociology of law research is the interplay between the changes in the law with social changes and culture. To investigate that, needed adequate knowledge about the law sedbagai a social phenomenon. So, basically the scope of the sociology of law is perikelakuan patterns in society, namely the ways to act or behave the same from the people who live together in society. Thus, it can be formulated that the sociology of law is a branch of science that include researching why people obey the law and why he failed to obey the law serts social factors influencing another. Sociology of law is a branch of general sociology.

SOME PROBLEMS OF LAW highlighted SOSIOLLOGI
1. Law and Social Systems Society.
In essence, this is an overall object of the sociology of law, therefore there is no doubt anymore that a legal system is a reflection rather than a social system in which the legal system was a part.
2. Similarities and differences in legal systems.
Research in this area is important for a comparative study and to be able to find out whether there are indeed legal concepts that are universal, because the needs of local communities are willing.
3. Nature a dualistic ynag Legal System.
Both substantive law and adjective law, on the one hand contain provisions about how people will be able to run and developed a degree of human equality, ensuring the welfare and so on. However, on the other hand, the law can be a powerful tool to control citizens or the community can
Legal positivism
Positivism in Indonesia was born because:
1. Legal education in Indonesia is more directed to the aim of creating a professional law degree (a monolithic legal expertise). S1 printing craftsmen to apply the law, how to create a reliable SH in the legal profession because the law like the law of domination that is positivistic / normatik, then the law is not considered normatik unimportant realtif.
Determination Profession Act







Civil Law: deductive: created a general rule to solve the case. So the same national law despite the different regions by the legislature.
Law is a good assumption.

2. Education in Indonesia inherited the tradition of continental law the civil law model.
Law is something that already exists in the law or what is already in the ordinance so that customary law is considered less important, but could be if the Dutch colonized Indonesia does not, it is applicable customary law.
- Civil law tends to empirical / induktifnya not used
- Lobe de droit: the judge is the mouth of the law by judges in determining the verdict was determined by the law, so that the findings of law to be poor.

3. Legal education in Indonesia over many proposed laws in psychology but less anatomy teaching in anatomic pathology with the presumption of law statute should not be protested, the Act is considered good because the law has determined the principle, article etc.. The disease is not taught the law so that we are not accustomed to analyze the legal biases. Disobedience of the law a lot, but sometimes not at issue, when it became part of studying law.