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  CHAPTER I INTRODUCTION A.   Background Law is a complex system. Linkages between the elements cannot be separated. Law is not just the law, the law is not always a command of the State authorities. Law is the result of social forces and means of social control. Legal basically non-sterile from social subsystem. Politics often intervene on the act and the implementation of the law. Law can be viewed and studied from various angles. Law as a value, then reviewed by the legal and political of law. Law as a learned behavior by the Sociology of Law, legal anthropology and psychology of law. The inability of law in addressing social problems outside the law will result in the authority of the law itself. Amendment of Indonesian Constitution, UUD 1945, confirms that “Indonesia is a rule of law country”, yet does not explicitly put Pancasila in the wording. Pancasila is the basic norm and rechtsidee (the idea of law) therefore, the truth of Pancasila’s values shall be used as guidance by Indonesia as rule of law to the country. The values of Pancasila are later become things that distinguish the concept of rechstaat and rule of law from “Negara Hukum Pancasila.”. Basically, there are three principles that shall exist in a rule of law country, namely: supremacy of law, equality before the law and due process of law. In the implementation, those three elements are elaborated into: (1) human rights protection; (2) the freedom of judiciary and delivery of justice; and (3) legality of law in all aspects and forms (every state’s action/government’s action and citizens’ action must be based on and conducted through law).    For non-dogmatives, law is not merely a law, as the example expressed by Eugen Ehrlich 1  says that: "the law depending on general acceptance and that each group creates living law, in which each of them is a creative power". According to Soerjono Soekanto 2 , the law has three dimensions, namely as values, methods and conduct. Therefore, the law can be seen and studied from various angles. The law as a value, then studied by philosophy legal and political law. Law as a method studied by law. While law as behavior is studied by Sociology of Law, anthropology law and legal  psychology. Further according Soerjono Soekanto4, with method of history, examined the development of law from the beginning until the occurrence the set of certain legal rules. Then the law is compared to the law applicable in other societies, forget the similarities and differences. That is all, is the object of research from legal history and comparative law. Legal studies are also examined the permanent aspects of a legal structure, which aspects can regarded as the core or foundation of the law. According to Satjipto Raharjo, building the law should be based on the insight of the archipelago. The Indonesia state law development is development from within. The various human relationships that were srcinally social have changed into commercial. The intensity of the relationship is getting closer to communication technology electronic. While society is overshadowed by the global atmosphere  brought people to a borderless world. Indonesia still confronted with social issues. In the dynamics its development, social issues is causing characteristic of stable law and formal, practical law development by government bureaucracy apparatus and legal  practitioners are far from reality. It is as if the law is in a world of that different. In other words, there is a distance between the law and the realities social existence. As a result the law is unable to answer the question. Basically socio-juridical theories are  based on the basic assumption, that law cannot be understood without regard to reality 1  Jurnal Tata Negara, Pemikiran Untuk Demokrasi dan Negara Hukum, Prinsip Keadilan dan Feminisme, Pusat Studi Hukum Tata Negara Fakultas Hukum Universitas Indonesia. 2006, Hlm. 4 2  Moh, Mahfud MD, Mengefektifkan Kontrol Hukum Atas Kekuasaan, makalah untuk Seminar Hukum dan Kekuasaan, (Yogyakarta: Pusat Studi Hukum Fakultas Hukum UII, 27 Maret 1996)  social life. Since the beginning of the 20th century the jurists as well related sciences throw ideas that reflect the powerful influence of the social sciences on the analysis of legal development. Therefore, in this case the principal teachings of several figures, including, Albert Venn Dicey, launched the formulation of the laws of law by connecting it with the power of public opinion. According to Dicey process begins with an srcinal new idea, however, Dicey assumes that legislators should reflect opinions  public and behave in accordance with public opinion. B.   Problem Formulation 1.   What is legal development? 2.   Is the legal system in Indonesia has been implemented? C.   Objectives 1.   To understand what happens with the legal development in our state. 2.   To know about the legal system in Indonesia.  CHAPTER II DISCUSSION A.   Definition of Legal Development The Law of Development and its elaboration is not intended the initiator as a "theory" but the "concept" of legal coaching which is modified and adapted from Roscoe Pound's theory "Law as a tool of social engineering "developed in the United States. If described further then theoretically the Theory of Development Law of Prof. Dr. Mochtar Kusumaatmadja, S.H., LL.M. influenced the way of thinking from Herold D. Laswell and Myres S. Mc Dougal (Policy Approach) coupled with theory The Law of Roscoe Pound (minus its mechanical conception). Mochtar cultivate all of these inputs and adjust them to Indonesian conditions. There is an interesting side of the theory that Laswell and Mc Dougal deliver it shows how important cooperation  between theoretical law-bearers is and scholars as well as practical practitioners (specialists in decision) in the process of giving birth to a public policy, which is at one side is politically effective, but on the other hand also enlightening. Therefore, the Development Law Theory of Prof. Dr. Mochtar Kusumaatmadja, S.H., LL.M, demonstrate the pattern of cooperation with involving all the existing stakeholders in the social community. “The legal culture, system their beliefs, values, ideas and expectation. Legal culture refers, then, to those ports of general culture customs, opinions ways of doing and thinking that bend social forces toward from the law and in particular ways.”  Mochtar Kusumaatmadja 3  said, that: "Law is a tool for maintaining order in society. Given its functioning nature of law, it is basically conservative means, the law 3    Jurnal Nasional , Teori Hukum Pembangunan Prof. Dr. Mochtar    Kusumaatmadja, S.H., Ll.M,  Kajian Deskriftif Analitis, Dr. Lilik Mulyadi, S.H., M.H.    is nurturing and sustaining that has been achieved. Function so is needed in every society, including that society is building, because here too there are the results that must be maintained, protected and secured. However, the developing community, which in our definition means a fast-changing society, the law not enough to have such a function alone. He must also be able helping the process of changing society. A stodgy view of laws that emphasize the function of maintaining order in a static sense, and emphasizes the conservative nature of the law, assuming that the law does not can  play a significant role in the process of renewal. B.   Indonesian Legal System The law has influence on the institution of society, meaning that there is a direct relationship between the law and social changes. According to Satjipto 4  there are three characteristics used to examine the law from the point of reality or better known as science sociology of law, among them: 1.   The sociology of law aims to provide an explanation of legal practices. When such  practices are differentiated to law-making, application and trial, so he too learn how to practice in each of these areas. The sociology of law seeks to explain why that practice so it happens, its causes, what factors influence, and etc. To give an explanation that is prescriptive, which only about what the law is and how it applies. With so to study the law sociologically is with investigate human behavior in law. According to Weber, there are two facets of the law, namely the outer and inner. So that the sociology of the law not only accepts visible behavior from the outside only, but also want to obtain an internal explanation, which includes the motives of one's behavior. 2.   The sociology of the law always tests empirical validity (empirical validity) of a regulation or statutory declaration. The question is characteristic here is how the 4  Jurnal Tata Negara, Pemikiran Untuk Demokrasi dan Negara Hukum, Prinsip Keadilan dan Feminisme, Pusat Studi Hukum Tata Negara Fakultas Hukum Universitas Indonesia. 2006, Hlm. 5
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