The Functions and Roles of Law in the Community Environment
Functions and Roles of Law in Society - Derrida and Positions (1981) revealed that traces of violence in law are always forgotten by the passage of time and hidden by various fictions about the morality of law enforcers. As a result, we often no longer recognize the existence of violence produced by various legal products and regard it as a natural thing, not infrequently even seeing it as a moral imperative in the life of society in Indonesia.
Formulation of the problem
How is the conflict in society ?
How is the law of conflict resolution ?
What are alternative conflict resolutions ?
C. Objectives
1. To find out the conflict in the community
2. To know the law of conflict resolution
3. To find alternative conflict resolution
Conflict in Society Social opposition or conflict when viewed psychologically can be regarded as a reflection of the human psychic condition within the framework of social interaction. The structure of human psychic energy which consists of ego and super ego is an individual dynamic process. In this process there is often a conflict between the needs and desires of the ego and the norms held by the super ego. The ego as an institution that works to achieve goals is at the crossroads between the desire to achieve it as soon as possible with the super ego power which always considers norms and values in an effort to achieve ego goals.
The interactions between individuals in their groups bring together various kinds of ego and various considerations of the super ego and of course this causes the importance of institutionalizing the ego and super ego in an integration process. If we project the psycho-analytic theory into social life to study social conflict, we will find principles like the above as social phenomena. Social conflict with integration in this case has a dual function in achieving ego goals or ego institutions.
In this case the ego is represented by the existence of expectations and the super ego is represented by the existence of normative standards. This conflict between expectations and normative standards can occur everywhere, both in small groups and larger groups, both within a certain social status and between social classes.
In communicating their expectations, interest groups are confronted with the strength of community norms and values which are consensually accepted as universal values. Between the communication of expectations and normative standards is not always in line, so that the communication of expectations must still go through the super ego consideration process. The discrepancy between the views of the two forces creates a conflicting attitude which is manifested by a misunderstanding between the two. In the first stage, what is said to be a conflict statement will be born, both in the form of statements and direct forms in various actions.
In dealing with these normative standards, interested groups will always try to spread their goals or hopes on a scattering of values that are used as standards by trying to rationalize them.
In this case it often results in conflict in the form of debate. Another form that is more extreme than this conflict is deviant behavior that is actualized demonstratively or mediating behavior. The rationalization carried out by the ego parties is intended to reach a relevant interpretation of morality that allows each party to realize its will. Rationalization, which often exacerbates conflict, is also influenced by the process of individual socialization in which the human relationship with norms has changed, so that he feels he really has to act according to what is expected. This is the culmination of a conflict.
Based on this description, we can say that at first there was a conflictbegins with an ideological conflict and will likely end when one of the parties imposes their understanding of morals or a hope followed by the realization that one of them has made a mistake. We must realize this as the lightest consequence of an ideological conflict or ideological differences. More severe consequences can also appear in the form of certain sanctions or actions.[1]
Conflict Resolution Law One of the main sources of conflict and violence in various regions is the very weak condition of law enforcement in Indonesia. Coupled with various forms of discrimination and marginalization in socio-economic arrangements, politics and the use of natural resources, even cultural life. Various feelings of injustice and general discontent raged and exploded into a very heartbreaking and terrible human tragedy.[2]
Residents who live in the territory of the Republic of Indonesia must say that the implementation of the lawin this country has become the main source of various conflicts and violence in Indonesia. The intense authoritarian period for four decades during the Old Order and New Order eras has resulted in a repressive legal system that has not only been directly felt by society, but has indirectly shaped awareness, behavior and a social structure that is based on violence as the main norm. Therefore, the face of law in Indonesia is the biography of the violence we have perpetrated over the years.
Through various legislative products and legal practices carried out by the bureaucracy, security forces and the courts, it can be seen how violence operates and produces itself in various attitudes and social behavior of people in Indonesia. The implementation of law in Indonesia has institutionalized violence in various forms of arrangements, policies and legal decisions which have led to socio-economic inequality, discrimination and everyday violent behavior.
For example, acts of persecution and murder that were carried out in various vigilante incidents or conflicts in various regions often received support and approval from the surrounding community. As a result, when the security forces took legal action against the perpetrators, the public reacted back by demanding the release of the perpetrators and attacking the security forces. It seems that violence is a moral imperative that must be done to resolve a problem or conflict.
This situation is caused by certain Indonesian people having difficulty recognizing other references in their social life besides the violence itself. The repressive pattern that operated during the authoritarian regime has given Indonesian people experience of violence, so that they have lost capacity, social creativity and legal imagination in resolving various conflicts they encountered other than using violent means. What he does is nothing more than a form of reproduction or various values and norms that he recognizes from the various rules and legal practices he experiences.
What happened in Sampit, Maluku, and Poso, for example, is a reflection of the lack of social creativity in resolving conflicts between them. Even though various traditional wisdoms have been known to resolve conflicts, such as the principle of sintuvu maroso for the people who live in Poso or the principle that we are all brothers, the principle of rumah betang for the Dayak tribe or pela gandong for the people of Maluku, awareness of social behavior and social structures that are recognized only provide violence as an effective way to resolve conflict. The models of reconciliation, negotiation or mediation that are generally available in the treasures of tradition as a form of local wisdom become blunt and not well recognized, making it difficult to re-practice as a whole.
Violent behavior is actually revived by various rules and legal practices of the state which reintroduce patterns of violence as a way of resolving conflicts. The rule of law supplied by the State has destroyed the awareness and social norms of the local community which over the years has managed to maintain social order among them. For example, the uniformity of the village government structure through Law Number 5 of 1979 has destroyed the local leadership structure. Then the bureaucratic policies in forest management that give HPH concessions (forest concession rights) to a handful of people have not only caused the destruction of the natural environment, but also destroyed their cultural awareness.
Another example, Law Number 22 of 1999 concerning Regional Autonomy. The aforementioned law, in its implementation, creates discrimination between local-born residents and immigrant residents. The last mentioned, will give birth to native sons of the region and immigrant residents. Local sons are expected to receive priority in certain positions. This will trigger social conflict in the future if the spirit (soul) designer of the said regional autonomy legislation is not straightened out.
All of this has eliminated the social capacity and creativity they have when they have to deal with conflicts that can arise at any time in their social life. They only recognize violence as the only way that is supplied and institutionalized by various rules and legal practices of the state. In conditions like this, it is not entirely to blame if they use violence as a way of resolving conflicts. In this case what happened was not only due to distrust of the law and legal apparatus, but more than that, namely that the community was not trained to develop social creativity and legal imagination in resolving the various conflicts they faced other than by means of violence.
Alternative Conflict Resolution
Symptoms Causing Social OppositionThere is still a way of looking at society that can lead to social conflict or conflict. This review is more horizontal, namely by assessing the pattern of relationships and perspectives between one social group and another social group. In this case several possibilities could occur. The closedness and fanaticism of one social group opens up opportunities for other social groups to feel suspicious and give a negative image of that group. Likewise, fanaticism in a group creates super feelings and views other groups as inferior. The attachment of one ethnic group to its reference ethnic group causes that ethnic group to ignore other ethnic groups. Such facts can also lead to conflict between social groups.
Systematically in this section, we will discuss the symptoms of social behavior that lead to conflicts between social groups consisting of prejudice, discrimination, and ethnocentric views. [3]
PrejudicePrejudice is a form of social attitude that can occur between one person and another and can also apply between one group and another. Prejudice can be oriented towards positive things, but generally in sociological studies it is directed towards negative attitudes.
Prejudice as an attitude is not a basic innate of the individual but is the result of a process of interaction between individuals or groups. Or more precisely if the prejudice is the result of the process of learning and recognition of individuals in their development. In principle, a person will behave in a certain way towards another person or towards a group if he already has that knowledge, we cannot be sure whether it is positive or negative. That knowledge will make a person or a group perceive, think, and feel towards certain objects. From here the birth of an attitude in the form of behavior that tends to be negative.
Negative prejudice (stereotype) arises along with other attitudes that are obtained from the inculcation of certain values and especially by the environment. Excessive fanaticism towards group values will lead to an a priori attitude towards other groups and always be suspicious of anyone outside the group.
Stereotype views will cause no tolerance in society. So that each group will always try to place their group as the most important but in a closed condition. This will lead to conflict between groups. Prejudice does not only occur between one group and another group but can also occur between one individual and another.
By knowing the reasons for the emergence of prejudice as described above, for the sake of integration we try to cover up the problems that give rise to the prejudice by looking for a connecting link. In this case there are several efforts that might be implemented, namely:
Starting from the education of children at home and at school by parents and teachers.
There is a nature of openness in a broad sense between one social class and another social class, as well as between one social group and another social group.
Utilizing various mass media both print and electronic to introduce various groups in society/country and even the world.
Intensive interaction between groups. [4]
Furthermore, psychologically, this approach to overcoming the problem of stereotypes begins by providing integral knowledge about the relationship between various values that exist in society. With this knowledge, efforts are made so that members of the community are able to have feelings for these values, so that an attitude of tolerance will be incarnated. It is this knowledge, feelings and attitude of tolerance that will provide a line that tends to eliminate that prejudice.
EthnocentricThere is a tendency that a certain ethnic group feels that it is the group's culture that ranks at the top of the ladder. As the main culture. Meanwhile, other ethnic cultures are considered something that is illogical, strange, contrary to the will of nature, and so on. This is the main source for a country that is classified as plural, such as India, Burma, the Philippines, and other countries that have ethnic groups, including Indonesia, in the framework of rational integration. Such a tendency is caused by one ethnic group measuring another culture by the size of its own culture.
This tendency to judge other cultural elements by using one's own culture is called ethnocentric attitude. This feeling is a development of in-group and out-group views that are instilled in group members by sharpening social differences between one ethnic group and another. That's how the children of the American nation who since childhood accept stereotypes about Negroes. One way to instill ethnocentrism in American children is to claim Negroes as the perpetrators of crimes, whereas if there are white people who commit crimes they are said to be not white people, but by mentioning the person or group, as an exception.
Ethnocentric attitudes in a pluralist society will continue to develop if there is no container or means of effective integration in the form of a universal cultural value. Conditions like this will lead to conflict between ethnic groups within a country.
DiscriminationSuch intense and fanatical ethnocentric prejudice will lead to authoritarian actions against the prejudiced group and/or against other ethnic groups. This authoritarian attitude testifies to the development of prejudice and ethnocentric attitudes that are increasing in terms of their intensity. This prejudice and ethnocentric attitude will lead to an attitude of discrimination depending on the support provided by the culture of an ethnic group against authoritarian attitudes in developing their strength and power. If the support given is strong, it will increase the possibility of one ethnic group controlling and limiting the development of other ethnic groups.
Strong cultural development support for this authoritarian attitude will make this authoritarian attitude extreme. In the next development, authoritarian patterns of interaction and communication will try to impose their cultural patterns on other people and then set them aside and not provide opportunities for other groups to develop.[5]
ConclusionThe interactions between individuals in their groups bring together various kinds of ego and various considerations of the super ego and of course this causes the importance of institutionalizing the ego and super ego in an integration process. This conflict between expectations and normative standards can occur everywhere, both in small groups and larger groups, both within a certain social status and between social classes.
One of the main sources of conflict and violence in various regions is the very weak condition of law enforcement in Indonesia. Coupled with various forms of discrimination and marginalization in socio-economic arrangements, politics and the use of natural resources, even cultural life.
Systematically in this section will be discussed symptomssocial behavior that causes conflicts between social groups consisting of prejudice, discrimination, and ethnocentric views.
BIBLIOGRAPHY
Ali, Zainuddin, Sociology of Law, Jakarta: Sinar Graphic, 2009
Gerungan, WA Dr. Dipl. Psych, Social Psychology, (Jakarta: Eresco, 1977)
Noor, Arifin, ISD; Basic Social Sciences, (Bandung: CV Pustaka Setia, 1999), Cet. II (Revised)
M. Arifin Noor, ISD; Basic Social Sciences, (Bandung: CV Pustaka Setia, 1999), Cet. II (Revised), p. 221-223
Zainuddin Ali, Legal Sociology, Jakarta: Sinar Graphic, 2009, pp. 73-75
M. Arifin Noor, op. cit, hlm. 226
Gerungan, WA Dr. Dipl. Psych, Social Psychology, (Jakarta: Eresco, 1977), p. 178
M. Arifin Noor, op. cit, p. 230
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