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Sociology of Law: an Agrarian Dispute Settlement Bambang Slamet Riyadi Doctor (Candidate) of Law

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Sociology of Law: an Agrarian Dispute Settlement Bambang Slamet Riyadi Doctor (Candidate) of Law International Journal of Law International Journal of Law ISSN: 2455-2194, RJIF 5.12 www.lawjournals.org Volume 3; Issue 3; May 2017; Page No. 52-58 Sociology of law: An agrarian dispute settlement Bambang Slamet Riyadi Doctor (Candidate) of Law. Departemen Agrarian Law, Faculty of Law, Universitas Gadjah Mada Yogyakarta, Indonesia. Lecturer of Agrarian and Crime Law, Faculty of Law, Universitas Nasional, Jakarta, Jalan Sawo Manila, Number 61, Pejaten, Pasar Minggu, Jakarta Selatan, Post Code : 12520, DKI. Jakarta, Indonesian. Phone : +62815-1004-8888. Email address : [email protected] Abstract The Verponding Eigendom land dispute case have been taken over by the State was examined under Sociology of Law in the conflict theory perspective and some other related and relevant theories. Sociology of Law in charge of explaining a case law practices, predicting its legal phenomenon, how case entered the legal system and how its settlement. Sociology of Law in reviewing this case should be assisted with Legal Awareness, Social Contract, Public Policy and Social Exchange Theories. Keywords: non-legal elements, sociology of law, conflict theory 1. Introduction comply it. (Rahardjo, 2006) [15] The national agrarian law Sociology derived from the words Latin Socius means friend, should be the norm that could compel the Government and while Logos means science. This term was first published in a society to achieve an agrarian order. Why the facts cannot book with title “Cours De Philosophie Positive” by August force the Government and society to comply with the agrarian Comte (1798-1857). The term sociology of law was first laws? introduced by Anzilotti in 1882. The sociology of law studies a The sociological jurisprudence school (Eugen Ehrlich), says mutual influence of law and other social phenomena the law made must be in correspond with the living law in (Soekanto, 2012) [18]. society. For the law norm can ‘live’ in society, then according Prof. C.J.M. Schuyt, a professor of Dutch’s Sociology of Law, to the utility school, with its figure Jeremy Bentham, believes in his article argued what he wished to notice was the role of that law should be beneficial for the society to achieve a happy law in society in organizing and maintaining distribution in the life. Another figure of the utility school, Rudolph von Ihering, life opportunity, and of how the relative role of law relief to which related to social utilitarianism that is law is a tool for the change an uneven distribution. Distribution of life opportunity, society to achieve goals (Law Society). Is the national agrarian according to him always indicates the existence of class law is a living law in the society? Do the society still believe structure in society. Therefore, there are arised some basic that national agrarian laws can be tools of the society to questions about injustice and inequality. Then from here the achieve the goals? Sociology of Law must depart to discuss the extent to which In the Sociology of Law concept is said that law serves as a the power relationships that are obviously contained in social social control and social engineering means. Law as Social reality. According to him, one of the tasks on the Sociology of Control, the law must taken its business in such a way that Law, did not reveal the causes of inequality between the conflicts and inequality that may arise does not disturb the aspired society order with the order of society in reality society order and productivity. It was done through social (Kusumah, 1981) [10] control to create a balanced state within society, which aims to Law does not work because of society changes. In social life create a harmonious state among stability and change in the there is always social interaction, and in social interaction there society. Law as a means of maintaining order and achievement must be changes both in interaction itself and in social values, for justice should be a coercion means protecting the citizens social norms, patterns of organizational behavior, composition from acts and threats endangera themselves and their property. of social institutions, stratas in society, power/authority and so Laws can be Social Engineering in nature, where legal on. According Lawang (1984) social change is a process where functions are required in each society, including in the societies in a social system there are measurable differences that occur are experiencing an upheaval and development. Law can play a in a certain period of time (Adi, 2012) [1] Given the fact that role in changing the tought model of society from traditional there was a change of law from the Dutch East Indies law to tought pattern into rational/modern tought patterns. It is Indonesia's positive law, the Sociology of Law also studied interesting to note that the protracted problems of Eigendom public and government relationship in responding to the change Verpondings land as an indicator that the law has diminished of of law. its function either as Social Control or Social Engineering. Law is a norm invited the society to achieve certain ideals and The agrarian law ineffectiveness to settle various legal disputes circumstances, that to be a means of its society to discipline, in the case of Eigendom Verponding land can be suspected demand and direct the society members behavior in relation to related to the weakness of law authority factor. According to O. one another. In order to carry out such a function, norms must Notohamidjoyo, the weakness of law authority is because the have a force that is compelling to the society members to law does not get proper support from non-legal social norms; 52 International Journal of Law no legal consciousness and a proper awareness of norms; the how a case enters the legal system and how its settlement existence of power and authority, and the reciprocity paradigm (Akhdhiat, 2011) [2]. of relationship between other social phenomena and law. The scope of sociology of Law concerning the law and In the case context, in line with transition from the Dutch East behavioral patterns as creation or form of the social groups Indies legislation to the laws and regulation of Republic of wishes. It is behavioral pattern in a society that is examining Indonesia, then all legal land under agrarian law of the the ways of similar acting or behaving from people who live Netherlands East Indies, such as eigendom verponding, must be together in a society. Thus, Sociology of Law is a branch of converted into property rights. The government is obliged to science which examines why humans are obedient to the law? carry out land registration for conversion, while the eigendom Or why did they fail to comply with the law? as well as other verponding land owners must register the land to the Land social factors that influence it. Sociology of Law discusses the Office. Why does the controversy is prolonged on the mutual influence between law changes and society. The law eigendom verponding land since 1960-2015?. This is change may affect the society leads to the law changes (Ali, sociologically understandable. In Karl Marx's view the social 1996) [3]. life (Risma R, 2013) [16] is: 1) the society as arenas in which Agrarian Dispute is a relationship of parties which there are various forms of conflict; 2) the State is seen as a characterized by conflict between two or more parties related party actively involved in conflict with various parties to the to claim of one plot of land, territory, or other natural resources dominant power; 3) the coercion in the law product is seen as based on interpretation of the same rights (read, legitimacy major factor to maintain social institutions, such as property, source) and or different to each other. In such conflict one or slavery, the capital that produces inequality of rights and more parties directly acts to eliminate and/or disagree and/or opportunities; 4) the State and law are seen as a tool of impede the other's acknowledgment of certain agrarian objects oppression used by the ruling class (capitalist) for personal [26]. gain. Eigendom is a term well known in Western Civil material law Karl Marx argued that there are disputes in society involving which means “property rights”. Eigen means self or private, the certain parties. State is an active party on the dominant while dom refers to the word “dominium” which defined as power. Law is governed by the ruling or dominant class in the “property right”. Thus, “eigendom” means “private property.” form of force used as a means to defend and increase personal Now, “verponding” is a type of tax imposed on fixed objects power and as a tool of oppression. Each class has its own (land and buildings) which have been proved by “eigendom” or conflicting interests and causes the conflict occurs. The the ownership evidence, where these taxation begins in Batavia ownership and means control are in similar individual or in 1800 The ownership right (eigendom) is one of material dominant group (Risma R, 2013) [16]. Whether in case of the rights set forth in Book II Burgerlijk Wetboek (Civil Code). eigendom verpondng land dispute which taken over by the However, with the issuance of Law Number 5 Year 1960 on State, the Government participates actively in the existing Basic Regulation of Agrarian Principles, the ownership rights conflict as alleged by Karl Marx’s Conflict Theory? Of course of eigendom land are revoked from the book II of Civil Code this assumption still needs to be proven in research. and included in Law Number 5 Year 1960 on Basic Regulation In contrast to Karl Marx on the controlling group of the means of Agrarian Principles.
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