The purpose of law is indeed very important for the continuity of the social life of society. Law is a binding rule. And applies to all citizens, both the people and officials or the government.
For those who do not comply with the law, they must be subject to a penalty. These sanctions arise from legal norms. Legal norms are real and firm.
This action can be in the form of a fine with an adjusted nominal value. In addition, the sanction can also be in the form of imprisonment for a specified time. The purpose of law is basically to create security, justice and peace.
Through the existence of law, social life can run in an orderly and orderly manner. Therefore, the purpose of law is knowledge that is very necessary. This article will discuss the general purpose of law and 12 legal purposes according to experts.
Discussions on various new court cases/cases that illustrate the latest trends in the development of legal studies. More practice in building critical thinking skills with a variety of additional case/case questions and exercises at the end of the chapter.
1. General Purpose of Law
- The rules that exist in the law have the aim of protecting a human interest. These interests are used to protect against hazards that might threaten human safety.
- The law will regulate the relationship between human beings. The goal is to create an order. Through the law, it is expected to prevent the occurrence of a conflict between human beings.
- The law must protect human interests. Interests referred to both individually and in groups. This is because humans are basically creatures who need protection. In addition, humans also have interests that must be protected from various threats around them.
- The law must also embody a happiness. The greatest happiness for everyone. Not only provide a living. However, it also feeds abundantly, achieving a sense of togetherness and protection.
- Law is a means to maintain and guarantee the creation of order.
2. Legal Purpose According to Experts
a. Aristotle
Aristotle explained that the purpose of law is to achieve justice. It means that it will give everyone what it really is. Aristotle’s opinion is known today as the Ethical theory.
As an expert, Aristotle said that the purpose of law is to achieve justice, meaning to give everyone what is due to them. The theory is now known as the ethical theory.
b. Roscoe Pounds
The expert who is well-known as the originator of the theory of “law as a tool to engineer society” or law as a tool of social engineering is Roscoe Pound. In addition to his famous theory, Roscoe Pound also expressed his opinion regarding the purpose of law. According to him, the purpose of law is to protect human interests.
The interests of humans are demands that must be protected. In addition, human interests must be fulfilled by humans in the field of law. There are several human interests in this matter, namely as follows:
1) Public interest or public interest
This public interest includes three things. First, the interests of the state as a legal entity. Second, the interests of the state as guardians. Third, the interests of society.
2) Community interests or social interests
The interests of this community include five things. First, the interest in the existence of peace and order. Second, protection from social institutions. Third, prevention of moral decline. Fourth, prevention of rights violations and finally social welfare.
3) Personal interests or private interests
This personal interest includes three things. First, matters relating to individual interests. Second, matters relating to the interests of the family. Third, matters relating to the interests of property rights.
3. Immanuel Kant
Immanuel Kant was an adherent of the school of natural law. Immanuel Kant said that the purpose of law is to protect human rights. In addition, the purpose of law is also to protect the freedom of its citizens.
According to Immanuel Kant, humans are creatures that have reason and can will freely. This makes the state have the duty to uphold the rights of its citizens. In addition, the state is also tasked with upholding the freedom of its citizens.
State and law have the same goal. The goal is to increase the prosperity of its people. When prosperity has occurred, people’s happiness will be obtained. Therefore, the prosperity and happiness of the people is the aim of the state and law.
4. LJ Van Apeldoorn
The purpose of law according to Van Apeldoorn is to regulate social life. So that social life becomes peaceful. According to him, law is something that wants peace.
This peace must be maintained. The way is to protect the interests of certain human laws, liberty, honor, life and property. Protection is intended to protect against parties who will harm him.
Law is the thing that will regulate order in society. The law will carry out the order in a fair and peaceful manner. In achieving the goals of the law, it is necessary to create a just society.
The way of its creation is to create balance. The balance between conflicting interests between one person and another. This is because there are often conflicts.
Individual interests often conflict with the interests of the group. This conflict of interest can later turn into a conflict. In fact, it can also lead to a war.
Based on that, the law must act as an intermediary. To maintain a peace. The way to do that is to weigh the conflicting interests. Consideration must be carried out carefully and strike a balance between the two.
5. Sudikno Mertokusumo
According to Sudikno Mertokusumo, the purpose of law is to create an orderly society. According to him, this is the main purpose of law. Through law, there must be order and balance in this life.
When order and balance exist in people’s lives, humans become protected. To achieve that goal, the law must be in charge. The law must divide rights and obligations.
Rights and duties among individuals in society must be shared. Like dividing between powers. As well as set how to solve a legal problem. In addition, to maintain legal certainty.
6.Thomas Hobbes
Thomas Hobbes also expressed his opinion regarding the purpose of law. Thomas Hobbes’ view of law is a basic need. These needs are used for the security of each individual.
Law can also be used as an important tool. Through law, a safe society can be created. In addition, the creation of a peace in the midst of wild people who prey on each other.
7.Jerome Frank
One expert who also expressed his opinion regarding the purpose of law is Jerome Frank. The purpose of law according to Jerome Frank is to make the law more responsive. The goal is to social needs.
8.Jeremy Bentham
Jeremy Bentham is a follower of Utilitarianism. Therefore, Jeremy Bentham is of the view that the purpose of law is solely for things that benefit many people. However, often what is beneficial to one person can actually be detrimental to another.
So according to the flow of Utilitarianism, the purpose of law is to guarantee happiness. There is as much happiness as possible for as many people as possible or it can be called the greatest happiness of the greatest number .
This opinion from Jeremy Bentham focuses on useful things. This useful thing must apply to many people. However, this opinion does not pay attention to the value of justice.
9. Subekti
An expert named Subekti also stated his opinion. His opinion is in line with the views of Jeremy Bentham. According to Subekti, the purpose of law is to serve a state goal.
The goal in essence is to bring happiness and prosperity to its people. In achieving this goal, the law must organize an order and justice. Justice is something that can be described as a balance.
This balance will bring peace to someone’s day. When violated or disturbed, it will cause a shock and anxiety. Justice will suit everyone equally.
In addition, justice also requires a person to receive an equal share. Therefore, the law must be able to find a balance. The balance in question is between various conflicting interests.
When this is done, justice will be obtained. The law must also find a balance. The balance between the demands for justice in question, and the demands for legal certainty or order.
10. Van Kan
The purpose of law according to Van Kan is to safeguard the interests of every human being. This is so that these interests will not be disturbed. According to Van Kan, norms or a rule will be able to protect the interests of people in society.
These rules or norms are like religious norms, norms of decency and norms of decency. In this case, the law will carry out its roles.
11. Gene
According to Geny, the purpose of law is solely for justice. The contents or matters contained in the law are determined by the element of a human being’s belief. The element is about what is considered ethical.
like whether something is called fair or not and right or not. These things depend on the inner side of a human being. The ethical awareness that exists in every human being will be used as a measure. This measure determines the color of truth and justice.
12. Mochtar Kusumaatmadja
According to Mochtar Kusumaatmadja, the purpose of law is to create order. This will be the basis for creating a social structure that tends to be orderly. Apart from that, another purpose of law is to create justice that is in accordance with society and the times.
That’s a review of the general purpose of law and 12 legal purposes according to experts. Find more information at www.sinaumedia.com. sinaumedia as #FriendsWithoutLimits will always present interesting articles and recommendations for the best books for Sinaumed’s.
Author: Wida Kurniasih
Source: from various sources