POWER AND POLITICS AS THE CONVERTER OF LAW PRODUCT IN INDONESIA

T. SYUBARSYAH (2016) POWER AND POLITICS AS THE CONVERTER OF LAW PRODUCT IN INDONESIA. ISSN 9789384468644

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Abstract

ABSTRACT Power is one element of politics that is when the process of getting it. While the law is a product that is idealized as the consensus that resulting from the political prosess and confirmed by authority derived from the political process. Power relations, politics and the law can not be separated. Essentially, That law, political power and equally a social sub-system, which is an open syste,a system that affects other systems. The Adagium can not be separated in terms of das Sollen and Das Sein and proved that the law in fact determined by the configuration of politics and power. State of law adherents of the principle of democracy can not be separated from the vartex of power that plays an importani role in regulating human destiny. Even power is often juxtaposed with political concepts and understood that power is political. The power of state is a power to regulate people in a life of state that includes the legislative, executive and judicial. Power is a means to carry out basic functions of the state in order to achieve the purpose of the State includes the sovereignty, authority and righis. In general, the political concept plays a role in administering and controlling of the people’s interests. Politics is a process in the formation and distribution of power in society through the realization of the decision-making process, especially in the state. In fact many legal regulations become blunt due to the influence of power intervention. So that the law can not offord sharply downward tackle arbitrariness. In the end, juatice becomes vague and rhetoric and can not as a guide. In Indonesia, many law products that are based on the interests of the ruler who hold the dominant power. That law is no longer sterile from sub system of society because power is not uncommon to approach politics over law-making and implementation. Correlation of law and power are often a conflict of interest that seemed to be never-ending. Authority often intervene against the law, both when the legal establishment and implementation. Empirical facts above interventions often befall major cases involving the elite of the country. While power in the formation of legal products are closely related to the power holders. When the New Order regime all law products that poduced were authoritarian. In Reform Era, law products are nearly equal to the condensed power of the rulers. Correlation between law and power are clear. Both dimensions are different but have the same pragmatic and show linkages. In Principle, legal products made ruler is the resultant of the ruler should be implemented consistently, as if the authorities as a control in limiting power. Keyword: Power, Law, Politics.

Item Type:	Article
Depositing User:	Kosim Ganda Rukmana
Date Deposited:	04 Nov 2016 22:31
Last Modified:	04 Nov 2016 22:31
URI:	http://repository.unpas.ac.id/id/eprint/14013

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