Hukum Sebagai Alat Pembaharuan Dan Masalahnya

Abstract:

Roscoe Pound said, "Law as a tool of social engineering". The functions of law are to steer, to renew, and to make the society. These functions can be adminstered by two ways, i.e. to make the regulation of legislation and the jurisprudence that bring the innovation or create the new society.

There is the problem, the law is not effective, because the law not in accordance with the living law in the society. To overcome this problem, before making law, the law makers (legislation and jurisprudence) have to recognize the social problem and the law necessity of society; and after making law, necessary to control and to enforce from the authority and the conclution, the new law can isntitute and can be accepted by society as the regulation that can be obedienced.

Rasji

Staf Pengajar Fakultas Hukum Universitas Tarumanegara.