THE SENSITIVITY OF POSITIVE LAW TOWARDS THE REALITY OF VOLUES DIVERSITY IN SOCIETY: A STUDY OF POSITIVE LAW ESTABLISHMENT AND THE EXISTENCE OF JURISPRUDENCE

T. SUBARSYAH, (2016) THE SENSITIVITY OF POSITIVE LAW TOWARDS THE REALITY OF VOLUES DIVERSITY IN SOCIETY: A STUDY OF POSITIVE LAW ESTABLISHMENT AND THE EXISTENCE OF JURISPRUDENCE. TRANS STELLAR, 6 (2). ISSN 22788832

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Abstract

The paradigm of social changes that influences legal changes, has been discussed by many law experts and soceities, they are attemping to explain the relationship between legal and social change in the context of law betwen law system and other system inthe societies. Therefore, law process is seen as independent and dependent variables, namely the cause and the result of social changes. Sociology has role to answer the law problems. But in fact, normative law is not able to fulfill the people need of justice. So that, a supplement is needed to make law becames a commander in society’s lives. To adderss this problem, a more comprehensive study between law and sociology seiences is needed. Sociology is the mother of social sciences and it applies empirical approccach. While law mainly studies abaut values that should be owned by society and it applies normative approach. However, this kind of study is logically difficult, since bath of them have different internal logics. This difference leand to the establishment of sociology law study as a medium to relate logics between law and sociology. It is developed in order to sove cosial problems, specifically to fulfill justice needs in social life practiees. The sensitivity termused in this paper is adopted fren Robert B. Seidman’s ter, namely the influences of social power in law process. Those social fuctors (that Creating social symptom) stari from laws stage development, implementation, and result of expected roles. The law sensitivity reminds conscious dagmatic law experts of the huge importance of social powers that influences the law development, since the beginning of law development stage. These Social powers will always try te effectively and efficiently get in and influence every legislation process. Every Issued rule undeniably creates expeeted result but it depernds to social powers inoalved. KEYWORDS : Law Sensitivity, Law Establishment, Sociology Law

Item Type: Article
Subjects: PROCEEDING
Divisions: Fakultas Hukum > Ilmu Hukum 2016
Depositing User: Kosim Ganda Rukmana
Date Deposited: 02 Nov 2016 13:25
Last Modified: 02 Nov 2016 13:25
URI: http://repository.unpas.ac.id/id/eprint/13976

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