Edukasi Hukum | Mengenal Politik Hukum oleh Dr. Taufikkurrahman

Summary

This video script delves into the concept of political law, explaining its connection to both politics and law. It defines politics as a neutral means to achieve goals and law as a system of norms that regulate behavior. The script emphasizes the state's role in shaping political law, highlighting how laws evolve to meet societal needs. It explores the decision-making process behind legal reforms, citing examples like Indonesia's Proclamation of Independence. The video also touches on the relationship between political law and legal science, showcasing how political law influences law formation and adaptation to changing social contexts.

Takeaways

• 😀 Understanding the meaning of 'political law' requires knowing the relationship between politics and law, which are often seen as separate concepts.
• 😀 Politics is the method or approach used to achieve goals, but it can sometimes have a negative connotation due to unethical practices.
• 😀 Law, in its essence, is a set of norms or rules that provide guidelines for human behavior within a society.
• 😀 Political law refers to the state's will or intent regarding the law, especially in the context of a legal state where regulations are formed by competent authorities.
• 😀 The laws created by the government are influenced by political decisions and aim to maintain order, preserve values, and meet the needs of society.
• 😀 Political law decisions are reflected in how laws are formed, amended, and preserved, such as which parts of a regulation should be retained or changed.
• 😀 The formation of legal regulations by the state involves careful deliberation on what needs to be maintained or altered to ensure the law's relevance and effectiveness.
• 😀 Political law can be seen as the process of selecting legal measures to achieve certain social and legal goals within society.
• 😀 The government's role in political law is to ensure that laws reflect the people's needs and societal conditions, which might change over time.
• 😀 Political law involves shaping legal frameworks that align with the evolving needs of society, ensuring laws are both responsive and effective in governance.

Q & A

What is 'politik hukum' (legal politics) and how does it relate to law?

Politik hukum is the idea of how political decisions influence the creation and implementation of laws. It refers to the will or intention of the state in creating laws that will guide societal behavior. The relationship with law is that legal politics determines which laws should be created, revised, or maintained, reflecting the state's political agenda and goals.

What does the term 'politik' mean in the context of 'politik hukum'?

'Politik' refers to the methods and strategies used to achieve goals. In the context of politik hukum, it involves the state's decision-making process in determining legal frameworks to regulate society. The term itself is neutral, as it simply refers to how objectives are pursued, regardless of whether the methods are good or bad.

How is law defined in the context of the video?

Law is described as a set of rules or norms that regulate human behavior, guiding how individuals interact within a society. It includes principles of prohibition, command, permission, and exceptions. Laws can be written or unwritten and are typically created by authorized institutions or figures.

What is the significance of the Indonesian Constitution in the context of politik hukum?

The Indonesian Constitution plays a crucial role in determining the legal framework within the state. For example, it states that the unitary state of the Republic of Indonesia is unchangeable, which highlights the state’s commitment to maintaining certain legal structures. Politik hukum determines which elements of the law should be preserved or revised in line with the country’s political will.

What role does the government play in shaping law through politik hukum?

The government, as the sovereign authority, plays a key role in shaping the law by deciding what regulations should be enacted, revised, or repealed. This process is driven by the political will of the government, which is responsible for ensuring that the legal system remains relevant to societal needs.

How does the concept of 'legal politics' influence the process of law formation?

Legal politics influences law formation by guiding decisions on which legal regulations should be maintained, altered, or abolished. This decision-making process involves careful consideration of societal needs and political objectives, ensuring that laws align with the political goals of the state and the expectations of its citizens.

What is the connection between 'politik hukum' and social change?

'Politik hukum' is often used to influence social change by adjusting legal frameworks to address societal issues. If a society faces problems, the government might use law as a tool to alter behaviors and conditions, shaping a more orderly and just society. In contrast, if conditions are stable, the focus may shift to preserving and improving existing legal structures.

What are some views of experts on 'politik hukum' presented in the video?

One view, presented by Prof. C. Iparjo, sees politik hukum as an activity of selecting means to achieve specific social and legal goals within a society. Another view, from Patmo Wahyono, regards it as a fundamental policy of the state to determine the direction of law formation in the future. Both highlight that politik hukum is a methodical and strategic approach to legal governance.

How does 'politik hukum' relate to the practice of lawmaking?

Politik hukum directly informs the lawmaking process by determining which laws are created and how they are structured. It involves decisions made by lawmakers about what needs to be regulated and the types of norms that should govern society. It requires ongoing assessment to ensure that legal frameworks adapt to changing societal conditions.

Why is 'politik hukum' important for the development of legal norms in society?

Politik hukum is important because it ensures that legal norms are continuously aligned with the evolving needs of society. By guiding the development of legal structures, politik hukum helps to create a legal system that not only addresses current challenges but also anticipates future changes, contributing to the overall stability and progress of society.