The Thinking #1 : Cita-cita Hukum (Rechtsidee)

Summary

In this video, The Thinker Syndicate delves into the complex ideals of law, discussing its evolving nature and different interpretations. The video explores various perspectives, such as the law as a science, a system, a rule, and as a network of values. It also touches on the philosophical aspects, including justice, legal certainty, and the law's role in society. Key theories by figures like Immanuel Kant, Hans Kelsen, and Jeremy Bentham are discussed, alongside the unique ideals of Indonesian law, aiming to promote prosperity, peace, and social justice. Ultimately, the video seeks to unravel the aspirations and objectives of the law in creating a balanced and fair society.

Takeaways

• 😀 The law is a broad and complex concept, with various interpretations and understandings that go beyond a single definition.
• 😀 Immanuel Kant, a legal expert from the Netherlands, stated that the definition of law is still being sought and has not been fully established.
• 😀 The law can be understood in nine different ways, including as a science, legal system, process of government, and network of values.
• 😀 Hans Kelsen distinguished between abstract legal rules (statutory regulations) and concrete legal rules (decisions of law enforcement bodies like courts).
• 😀 Law exists to establish normative states of 'what should be,' and it must be formulated with ideal outcomes in mind.
• 😀 The essence of law arises in societies with multiple people, particularly when conflicts of interest emerge, necessitating legal protection.
• 😀 In materialism, the law emerges from relationships in society and evolves based on economic structures, which form the basis of a country's legal system.
• 😀 According to ethical theory, the ideal law aims for justice, with justice often being subjective and viewed differently depending on perspective.
• 😀 Aristotle's theory of justice divides it into distributive justice (fair allocation of rights) and commutative justice (equal treatment for all). Both are critical in law enforcement.
• 😀 The law also aspires to maintain order and balance in society by ensuring legal certainty, which can be achieved through clear and normal legislative processes.
• 😀 In the Indonesian context, the law’s ideals are focused on ensuring the prosperity and happiness of its people, as outlined in the 1945 Constitution.

Q & A

What is the main topic discussed in the video?

The main topic of the video is the ideals of law, including the definition, scope, and different perspectives on what law should aspire to achieve.

What is the definition of law according to Immanuel Kant as mentioned in the video?

Immanuel Kant suggests that the definition of law is still being sought, as it encompasses many aspects. However, it is understood through various lenses, such as law as a science, discipline, system, and process.

How does Hans Kelsen's theory of legal rules categorize them?

Hans Kelsen's theory categorizes legal rules into two types: abstract legal rules, which arise from statutory regulations, and concrete legal rules, which arise from decisions made by law enforcement bodies such as courts.

What is the difference between abstract legal rules and concrete legal rules?

Abstract legal rules are based on statutory regulations, whereas concrete legal rules come from specific decisions made by law enforcement bodies, particularly courts.

How is law related to justice according to the video?

Law is related to justice as its ultimate goal. The video mentions that justice can be viewed from two perspectives: distributive justice (where rights and quotas are proportional) and commutative justice (where everyone receives equal treatment). These concepts often coexist but are prioritized differently in abstract and concrete legal rules.

What is the relationship between law and the protection of interests in society?

The law exists to protect the interests of individuals in society, particularly in cases of conflict of interest. Its role is to ensure security and fairness in resolving these conflicts without harming anyone’s interests.

What are the primary goals that the law aspires to achieve, according to the video?

The law aspires to achieve justice, legal certainty, and an orderly and balanced society. Additionally, it seeks to ensure fairness by balancing rights, obligations, and resolving legal issues within society.

How does the utility theory of law relate to the greatest happiness principle?

The utility theory of law, associated with criminologists like Jeremy Bentham, posits that the law aims to guarantee the greatest happiness for the greatest number of people. The severity of legal punishments should be measured by this principle.

What is the Indonesian perspective on the ideals of law as mentioned in the video?

According to the video, the Indonesian perspective on the ideals of law is guided by the goals outlined in the 1945 Constitution of Indonesia. These include protecting the people, advancing public welfare, promoting social justice, and fostering world peace.

What is the significance of the 4th paragraph of the Indonesian Constitution in relation to the law?

The 4th paragraph of the Indonesian Constitution is considered a foundational rule or principle for all positive Indonesian law. It emphasizes the creation of a government that protects the people and promotes public welfare and social justice.