Empat Aliran Pembentukan Undang-Undang dalam Kajian Sosio-legal

Summary

This video discusses four key approaches used in law-making. The **Rationalistic Model** emphasizes logical reasoning and the common good, exemplified by the National Social Security System Law in Indonesia. The **Functionalism Approach** incorporates existing societal values into laws, as seen in Indonesia's Marriage Law. The **Conflict-based Approach**, rooted in Marxist theory, views law as a tool for maintaining the power of the ruling classes. Finally, the **Moral Entrepreneurship** model uses laws, like tobacco taxation, to influence societal behavior for moral reform. These models shape how laws are crafted and how they impact society.

Takeaways

• 😀 The Rationalistic Model of law-making focuses on logical and reasoned decision-making, ensuring laws are crafted to protect the public and promote the greater good.
• 😀 An example of the Rationalistic Model is the National Social Security System law in Indonesia, which protects citizens' health and employment.
• 😀 The Functionalism Approach adopts existing social values and norms into law, formalizing them into the legal system to create certainty and stability.
• 😀 Indonesia's Marriage Law (Law No. 1 of 1974) is an example of Functionalism, formalizing Islamic marriage practices into national law.
• 😀 The Conflict-Based Approach, influenced by Marxism, views law as a tool for maintaining the dominance of the ruling class and suppressing the lower classes.
• 😀 An example of the Conflict-Based Approach is the law against theft, which primarily protects the property of the wealthy.
• 😀 The Moral Entrepreneurship model views lawmakers as moral reformers who create laws to change societal behavior and discourage harmful actions.
• 😀 Laws created under the Moral Entrepreneurship model often use fiscal instruments, such as taxes, to influence societal behavior.
• 😀 An example of Moral Entrepreneurship is the imposition of excise duties on cigarettes to reduce smoking by making it more expensive and less accessible.
• 😀 These four approaches to law-making offer different perspectives on how laws are created and implemented, from rational decisions to moral and social reform.

Q & A

What is the rationalistic model of lawmaking?

The rationalistic model focuses on logical reasoning and common sense to determine the content of laws. It aims to protect the public and promote the common good by ensuring laws are based on rational decisions rather than societal values or conflicts.

Can you provide an example of the rationalistic model in practice?

A prime example of the rationalistic model is the National Social Security System Law, which provides protection to citizens in areas like healthcare and employment, based on a rational assessment of public needs.

What is the functionalist approach to lawmaking?

The functionalist approach involves incorporating existing societal values into the law. It assumes that society already has established values, and the law's role is to formalize these values into legal norms.

How does the functionalist model play out in Indonesian law?

An example of the functionalist approach in Indonesian law is the Marriage Law (1974), which integrated Islamic marriage norms into the national legal framework, reflecting the existing societal values.

What does the conflict-based approach to lawmaking suggest?

The conflict-based approach views law as a tool for resolving societal conflicts, often reflecting class struggles. Laws in this model tend to protect the interests of the upper classes, such as the law against theft, which primarily safeguards the wealth of the wealthy.

How does the conflict-based approach relate to Marxism?

According to Marxist theory, social conflicts arise due to class inequalities. In this view, laws are used by the ruling class to maintain their position and suppress lower classes. This can be seen in laws that protect property and wealth, like the prohibition on theft.

What is the moral entrepreneur approach in lawmaking?

The moral entrepreneur approach assumes that lawmakers act as agents of moral reform, using laws to influence public morality. It often involves creating laws that make previously acceptable actions difficult or less desirable.

Can you give an example of the moral entrepreneur approach in action?

An example is the imposition of excise taxes on tobacco. The law raises the price of cigarettes to discourage smoking, reflecting a moral stance on public health and societal well-being.

How do fiscal policies relate to the moral entrepreneur approach?

In the moral entrepreneur approach, fiscal policies, such as taxes and excise duties, are used to make certain behaviors more difficult or expensive, thereby discouraging actions that are deemed harmful to society.

What is the central idea behind the rationalistic model of lawmaking?

The central idea behind the rationalistic model is that laws should be created based on sound reasoning and rational principles, ensuring protection against general harms and promoting the common good of society.