Definition Of Legal Sociology, Object Of Study, And Types Of Cases That Have Happened

Illustration. (Photo: Unsplash)

JAKARTA - Sociology of law consists of two understandings that have different meanings. Sociology, as we generally understand it, is the study of interaction in society, while we recognize the word law as a means that has the goal of implementing social change that exists in society.

Definition and history of sociology of law

Thus, sociology of law has the meaning as one of the studies in sociology that discusses various causes of social problems and is related to the law agreed upon by the wider community.

From a historical point of view, sociology of law was first introduced by Anzilotti, who came from Italy, in 1882. Sociology of law was basically born from the agreement of the thoughts of experts, both in the areas of philosophy of law, science, and sociology (Yesmil Anwar and Adang, 2008, 109).

At this time, the sociology of law is developing rapidly. This discipline aims to explain the applicable positive law, in other words, its content and form are dynamic according to time and place, as well as social factors.

One of the tasks of legal sociology is to explain the causes or backgrounds for the emergence of the imbalance between the ideals of society and the conditions of society that exist in everyday life.

Object of Study of Legal Sociology

The objects in the study of sociology of law are divided into several, including:

Social interactions related to law

The law that is applied in a society serves to facilitate the conditions for social interaction. If social interaction goes well, then life in a society can take place peacefully and calmly.

Social group by law

In this case, the definition of a social group is an activity that occurs between two or more people which is regulated by a system called law. For example AD and ART in an organization, or laws governing state life.

Culture

The presence of law is part of the cultural element. These two things are interrelated and function to regulate a cultured society with the rules of social life.

Social institutions

The existence of social institutions in society uses rules to control interactions in society.

Social stratification

The social stratification referred to is the articles contained in statutory regulations which state that the law applies to all levels without discrimination. Even though in reality, there is an indirect social layer in society.

Power and authority

The powers and authorities referred to are tasks that have been regulated in regulations in the form of laws whose implementation is mandatory.

Social problem

The definition of social problems in this context is things related to deviant behavior and violates the existence of the law.

Types of cases of legal sociology studies

There are many examples of cases that enter sociological studies that we often find in people's lives. The following are examples of real cases that have occurred in Indonesia;

a) E-KTP corruption cases committed by government officials. The law that applies in this case is based on law, because the actions taken have a large impact in the form of losses for the wider community.

b) The premeditated murder by an individual against a family because of resentment as a result of receiving ridicule from one family.

c) The case of spreading hoax news carried out by some elements to tarnish the good name of the candidate for governor, so that the public does not make a choice on the candidate during the election.

d) Cases of misappropriation of Hajj funds by travel agency service companies involving several parties.

e) A 60-year-old grandmother who was accused of stealing in a field was considered unfair because she was sentenced to 5 years in prison, not in proportion to the sentence for corruptors who were only given 3 years in prison.

f) Syndicates selling drugs are still a threat to Indonesia's young generation.

g) The theft of money at an ATM by a group of people.

h) Early marriage which is still a debate in society.

i) Counterfeiting of money carried out by a number of individuals, with the aim of tricking small traders.

j) Child trafficking that continues to occur in Indonesia.

k) The practice of prostitution which is now penetrating the online world.

l) The application of the law which is currently considered unfair for the lower class of society.

m The rejection of the Presidential Decree regarding the reclamation of Benoa Bay by the Balinese, because it is believed to be detrimental to the Balinese people in the long term.

n) Differences between ordinary detention facilities and corrupt detainees; Corrupt prisoners get bed facilities, air conditioning, and private bathrooms in the detention room.

o) Behavioral patterns of urban communities who often violate traffic signs.

That is the explanation regarding the sociology of law along with examples of its studies in general that we can find in society, especially in Indonesia.

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