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Build a Humane Law

Build a humanitarian law and be able to realize it is a prayer and hope of this nation, when we will enjoy it, therefore, this paper discusses the specifics of how exactly these humanist membagun law. Chaos and violence that exist in today's society due to carry two different dimensions. On the one hand, the turmoil and violence is hated because it brings inconvenience in daily life, but on the other hand he needed to change the state of an increasingly boring. In optical science, chaos is necessary to replace the existing theories of aging and can not solve community problems. Based on chaos theory, the essence of chaos instead of order so that chaos should not only be viewed with a narrow view. To create a humane society, laws are built on human values ​​that are universal. 

A. Preliminary

Living in the era of intrigue and falsehood (in politics), horror, violence, cruelty (evident from the many fears and crimes that occur either covered or not covered by the mass media), concern (as expected by the authorities to the people of small to cover the budget deficit), as now not only need the money or property. What is needed now is not merely the money (although it is important to cover up the stomach every day the little people who always sang orchestral hunger and poverty), but more than that is the belief that life will change (from falsehood to truth, of cruelty and violence the affection and of concern to the happiness that can be enjoyed by all levels of society).

Can not be denied that the political and economic dynamics that occur when people are making life a mess, of those who suddenly become rulers and wealthy or otherwise of the original has the power and then hit the ladder fell. We can not just blame them-they are as actors and actresses on the stage of political and economic life, but in fact it can be seen from here that politics requires maturity and effort in the field of trade or business ethics require that all goes according to what is expected by the community.

Something that goes in line with expectations would make life less berdinamika, less appropriate because it was scripted, it's engineered. For that other measures necessary to live a passionate, colorful, full of desire or libido, both positive and negative, both with the discoveries of new tools and chaos caused by a person or group of people in the community. In other words, chaos in the society's need for power-holders, community leaders and other community members will realize the nature of self and environment and are not swayed by the results already obtained. Social unrest is needed so that people can reflect, meditate and contemplate on what has been and will be done.

Social chaos can be caused by the violence that erupted everywhere by authorities or other community members at large. Violence perpetrated by the ruling will result in a very broad form of chaos in the society if the ruling as a maker of sudden violence or deliberately toppled by the opposition of the people or political opponents as happened in Indonesia in the fall of the new order. Impacts arising at the time was chaos everywhere and security forces made ineffective or because they do not have the power compared to the mighty power of the people. Mess made by members of the public does not have an impact due to the vast, but it clearly can be perceived by the society in which violence was inflicted.

To gain a thorough understanding of the aspects of violence, the anticipation and the impact of the law (particularly the impact on legal developments in the future), then in this paper elaborated on the meaning of violence itself, the movement of humanism as opposed to acts of violence, the role of law in the life (especially in situations of chaos) and hope for the establishment of a humane law in this beloved homeland.

B. Violence as a phenomenon of Mondial

Human nature has two different dimensions and in its implementation may be good and bad. Good things must have been expected attendance, while not a good thing it happened so inevitable. Yet this life is not interesting if that happens is that things are good, life is flat, so that the violence which caused chaos as a negative state of human nature required his presence.

As with the question, Does it matter which comes love, then comes the question Where does the violence, should also be submitted. On the flow of Hobbesian philosophy, the answer can be found as Thomas Hobbes saw the state of violence rooted in human nature in the figure as a wolf to his neighbor (homo homini lupus), whereas in the conception of Rousseau, the violence hidden in the chain of human civilization that formed as inter-animal attack. Many scientists who make the excuse that avarice or greed, competition and selfishness is an innate human trait.

In general, people refer to the clinical state of human nature in not tolerate bad behavior terhidarkan, semisalkerakusan, murder, fraud and disbelieving. The main argument for the assumption of the existence of human nature is that we can define the essence of homo sapiens in terms of morphology, anatomy, physiology and neurology. Surely we must assume - if we do not want to retreat to the view that considers the body and mind as a separate reality - that the human species must be defined physically as well as psychic. [2]

Kedestruktifan animals can show that malignant social and environmental balance when they are disturbed, although it occurs as an exception - for example on keberjejalan conditions. Can be concluded that humans are much more destructive because he has created such conditions keberjejalan or social constellation of potential aggression, and this has been taken for granted in its history. But kedestruktifan and human cruelty can not be explained by referring to the innate nature or destructive animal instinct, but must be understood in terms of the factors that distinguish man from animal ancestors. Issues to be studied is how and to what extent the special conditions of human life affect the quality and intensity of his desire to kill and torture. [3]

One of the destructive nature of man is violent. In a narrow sense, implies violence as an attack on physical abuse against a person or animal, or an attack, destruction, destruction of the very loud, rude, cruel and vicious person of property. [4] In a more extensive concept includes all forms of violence actions that may hinder a person to merelaisasikan potential itself (self realization) and develop a personal (personal growth), which are two kinds of rights and the most fundamental human values. [5]

In a broad sense, the violence does not only include physical dimensions, but also a psychological dimension. Outside dimensions of the impact by the dimensions of the violence, the violence also has another dimension, namely:
  • presence or absence of the object, which distinguishes the violence that has a clear object of which does not have a clear object
  • presence or absence of the perpetrator or the subject of violence, which distinguishes the violence that has a clear subject of violence that do not have a clear subject;
  • presence or absence of intent, which distinguish violence committed with violence that is not done on purpose; and
  • whether or not there is a real revelation, which distinguish real violence (manifest) of hidden violence. 

Dimensions of this violence can happen on a personal level or the individual (personal violence) and at the structural level (structural violence). [6]

John Galtung in On the Social Costs of Modernization, Social disintegration, Atomie / Anomie and Social Development, distinguishes eight types of violence that is increasingly becoming a threat to humans at current levels at mondial (kajadian-linked events in Indonesia), among others :

A. Violence against nature, which he described as ecological crimes.

This violent form of environmental pollution caused by activities factories that produce waste that is made without prior waste management. The case of PT. Main Indorayon core is just one example that stuck out, many other cases are actually larger but not revealed because of the powerlessness of the law enforcement and mass media face the octopus money offered by employers.

2. Violence against oneself, such as stress, suicide, alcoholism and the like. This violence is happening in Indonesia when the monetary crisis hit that caused a number of companies went bankrupt, banks closing and employees losing their jobs. Employees or workers that much stress, not a few who committed suicide, insanity and even make a child or wife as pelampiasannya.

3. Violence against the family, such as child abuse and women abuse, which is done through physical or verbal disclosure. Violence is hardly known if the victim, parents or siblings did not have the courage to express. Father to rape his daughter or stepdaughter, selling virginity girl by her mother, empowering kids to make money on the red lights or to beg in the streets or crossing the bridge could be included in this phenomenon.

4. Violence against individuals, such as theft, robbery, rape and murder. This kind of violence is nothing new, and often occur in Indonesia. Those who do this kind of violence do not hesitate to kill his victims and there is a tendency to modify the violent ways of doing this, such as theft, are now no longer made real by taking money out of pocket or the victim's home, can also be done with a computer on credit card victim, whether the victim was in Indonesia or abroad.

5. Violence against the organization, which in the disclosure could be a corruption and abuse of power. Disclosure of this type of violence much disputed, because of an incomplete and too convoluted. How many cases of corruption, collusion and nepotism are acquitted or evaporate without a word. In a more polite phrase can be said that Indonesia is a haven for criminals. Indonesia is a country full of corrupt but none of the convicted criminals.

6. Violence against groups, including various forms of violence between groups, between classes and between nations. This violence is still common despite the appeal of national unity is often sung. Clash between a group of thugs led by a young man from East Timor (Hercules) with other groups at the disco around Mayflower Jakarta, Jakarta, between thugs clashed with traders in Tanah Abang market, tribal clashes between Dayak and Madurese in Sampit, Kalimantan, clashes between the pro Gus Dur and the mass of non Gus Dur, who became a trend but it rarely rises to the surface is a clash between villagers and the last that actually has a great scope in this type of violence is a clash between the ideology of the invisible but very real. Clashes indicated that Indonesia is very vulnerable to a variety of issues that could trigger social unrest and chaos, especially if the issue comes, ethnicity, religion, race, between groups, between political interests and others.

7. Violence against society, of wars and oppression between nations or states. Violence in Pontianak, Maluku and Aceh, especially issues concerning various aspects of ethnic violence can be classified in this type of violence in addition to the previous type.

8. Power to the other world, in the form of violence between planets. Violence of this type have not been so implicated in the society, but has been implicated in the virtual world of science in the form of violence that spread through the Internet.


Violence in the relationship between personal and structural violence, Galtung Nasikun by following conception states that although both forms of violence that can empirically stand on their own without supposing one another, grow through the experience of historical sociological term, empirically they have a dialectical relationship. Those who benefit from the use of structural power (especially at peak power struktut) generally will try to retain power (status quo) through structural violence is done in secret (to keep the image of his power) through the use of its instruments of power such as police, army and the law. Examples of these cases can be seen when a mysterious shooting that occurred in the early 1980's to maintain the image that the government is able to maintain the security of a democratic society or the abduction of activists in the 1990s that disrupt the government's totalitarian regime that was developed at that time.

Phenomena that occur in the new order is the one who speaks honestly about the evils of a system or regime that existed at that time would have sanctioned exiled, kidnapped, killed or turned off his livelihood by the ruler's anger over his honesty. The obvious explanation is that people like him very dangerous continuity of power and kill their flavor-it is the best way to perpetuate the status quo. Why are they so hated, because by telling them the truth as well as raise the resistance of the half-dead rulers to hide the truth.

Authorities develop a discourse of the new order called the horrosophy, a discourse of thought and science in creating concepts that the goal is to create feelings of fear and horror in the community. Thoughts, words and actions directed towards the new order ruling on the ways or methods berjuga sow horror in a society whose objectives are ultimately cause psychological trauma. These thoughts were colored by the ruling evil plans to scare, to spread the feeling of trauma and spread terror in society.

Such action causes people in a state of status quo: the fear of being fired, fear will be secured, the fear of eviction and other fears. Communities are also beset with a variety of mental stress and a variety of self-despair at the position who can not resist, criticize, protest, resist and find a way out. Fear it not only covers the public, but also covered the apparatus so that the power itself that emerges is a total feeling of fear in every layer of society.

Against violence faced, every human being has the instinct to defend themselves or escape. Statements about reactions to the dangers that threaten the vital interests of human beings can be expressed in different ways, and the most common way is to save themselves. But if he does not have a chance to save themselves or in danger of being defeated then that arises is aggression or resistance so that there is aggression and counter aggression there would certainly arise if the victim is no third party as mediator to stop the scuffle.

Escape reaction depends on the interaction between two factors: first, the real magnitude of the threat and the second is the level of physical and psychic abilities as well as the threatened person's self confidence. On the other end of the reaction to this violence is a feeling of resignation or helplessness that result can be confirmed as victims of violence perpetrators of violence. [7]

The violence that occurred during this apparently does not belong to the Indonesian nation, not a local phenomenon, meaning in other parts of the country, the same thing also happened with variations according to local culture, in other words, violence has become a global phenomenon. Violence has become a global property, owned by all nations because of the violence is human nature in addition to the properties of goodness on the other side. Nation in the world who have demokratispun is still marred by violence, because, as noted ditelah it necessary to live more berdinamika, passionate and colorful.

The violence that takes place continuously or continuously may cause confusion or logic can be reversed, one of the characteristics of chaos is the violence that surrounds the events around the mess. Non-violent chaos may occur
C. Humanism and Moral Wisdom

Any form of violence and the type is an inhuman act, contrary to the understanding that was heralded by humanist fighters. Chaos and violence are not humane (though necessary) and very disturbing in everyday human life. Humanism or humanistic sense is greatly needed by the nation of Indonesia at this time because after all this people as if they were sick.

Humanism is a philosophy that sees the flow in the dignified noble man, capable of self-determination and the power of alone is able to develop themselves and achieve the fullness of human existence to be perfect. This view is the view of humanistic or humanism. Humanism derives from humanus and has a root word meaning gay man. Humanus means to be human in accordance with human nature.

Many scientific speculation about human existence and we can find common ground about the human understanding in line with the basic principles agreed upon. The set of basic humanitarian principles agreed upon, can be expressed in a broader sense the term Humanism. Humanism is a philosophical school which states that its main purpose is for safety and human perfection. He saw man as a noble creature, and the principles he recommends in dasarakan the fulfillment of basic needs can shape the human species. [8]

In the development of humanism, there pertentnangan-contradiction that makes as if humaisme belong to a sect or a particular class of a society, which raised the humanist version of western liberalism, Marxism, existentialism and religion. Western humanism built on the same principles held by the ancient Greek mythology which holds that between heaven and earth, gods of nature and human nature there are disagreements and fight till the point came hatred and malice between them. According to Ali Shariati, the most serious mistakes in the west over the enforcement of building modern humaisme - starts from the view of Politzer, who berlanjug on Marx and Feurbach - is that they regard the world of ancient mythology Yunanai moving around a limited life, natural and physical world and considers it a sacred spiritual phenomena similar to that in humans only. [9]

Modern humanism which is seen by Western bourgeois liberalism as a system on which the building of human beings as creatures who have the virtue-leutamaan eternal moral and noble values ​​more noble than the material, which becomes a virtue only of core importance to humans. Departing from here, Western bourgeois liberalism rests on the opponent's humanism and metaphysical naturalism. [10]

Talk of liberal humanism can not be separated from capitalism, because the criticism of capitalism is often associated with humanism in addition to democracy. Of course this has to do with humanism that developed with the development of the industry or the industrial revolution in England and spread to Europe to America. Most prngkritik-critics came from idealists.

Ernest Baker has shrewdly observed that the humanists tend to be platonic in social issues. This is strengths and weaknesses. Is the power of his idealism is a powerful philosophy that is supported by compelling metaphors and the character flaws due to false idealism is his inability to engage creatively with the concrete world. Diseases such as idealism was said by Nietzsche's separation from the world of the mind, the soul of the state, human inwardness of external conditions. [11]

The idealists who criticized capitalism for failing to understand the dialectical relationship between the idea and the real characterize an integral humanism. Furthermore they do not understand that the fulfillment of that ideal can not be imposed from above, but must grow out of their material properties. In the hands of more capable of idealism may be a mediator between the world's realities and the demands of the soul.

The sosialispun or the guardians of high culture have not been successful in providing a logical place for democratic capitalism within the framework of their humanistic, democratic capitalism itself but is humanism. When critics from both left and right began to understand this, it is an important new chapter in social discourse will begin. Precisely why they are so far not been able to understand the complicated questions. Part of the problem is the way it is to be defined humanism in our culture. [12]

Capitalism is humanism - in some ways superior to humanism dipermaklumkan by those who call themselves critics; in most cases match the desires of those who are deepest for a better world and in all of them worthy of serious attention. Single best argument in favor of capitalism as a humanism is of David Hume. He bases his argument pda three beliefs, namely trade in virtue beautify, strengthen communities and promote cultural politics. Among the virtues that were grown in a commercial republic, Hume mentions a sense of responsibility, gentleness and not excessive nature (Le deux its Montesquieue commerce seems to be a daily expression of the time) and law and order. Hume said the law, order, police, discipline, can not be done perfectly to the human mind has been refined in the implementation of trade and manufacture of goods. [13]

Violence is contrary to humanism extolling the values ​​of humanity, especially with the increasingly widespread human rights movement. Violence, whether it is in everyday life and in the course of trade is not expected by the actors in it. Violence will make the values ​​of humanity scattered, oppressed and disrespected. Violence makes life worse even though the myth of violence people will always end in defeat than good.

Moral basis of humanism is present in every human being and in every communication between people is always grounded in ethics. Morals and ethics have tremendous power to lead people in their daily lives. He mengajarakan what is good and bad, what to do and avoided, he also teaches what is right and our duty. Moral values ​​and ethics can not pick the wisdom that is comparable to the material or property. Moral and ethical wisdom is to bring people to the wisdom of the act or behave in a manifest of policy issued.

Humanism berisis moral wisdom-the wisdom of man. Humanism can not escape from this moral value because it is the moral essence of the humanity of man. Moral wisdom is not only in life or human society, he is everywhere and at anytime so it is not surprising in the political world is full of hustle and bustle lies, moral wisdom needed to cool the atmosphere, as well as in world trade which raised the notion of capitalism is humanist.

D. Position of Law in Social Turmoil

In optics the law and society, talk about the violence to be interesting, at least according to Nasikun there are four things that caused it, first, it is becoming increasingly attractive due to the ever-increasing numbers lately. Second, because the scale of membuana, mondial. Violence is not just a local phenomenon but has become a global phenomenon. Third, the phenomenon of violence is becoming increasingly attractive due to the appearance of an ever-changing character of the style or follow the trend that occurred in the community, and last, the phenomenon of violence to be interesting because it presented a paradox, he still understood by many people, including security officers and organizers of public order as individual actions, while the source is increasingly apparent and hidden in the fabric of society. [14]

In solving the problem of violence, the law is often used as a tool to solve it. It is often said by the government that the law referred to as a powerful tool to solve the problem of violence and prevent it in the future, a view that has no doubt its accuracy. The law is not the only tool (and main) in solving the problem of violence, because the law has the character of the bias, are not sterile, siding and never be captured and interpreted as a single. Law (in particular law enforcement officers) are always in indecision when faced with a problem concerning the great men (who have or hold power), but never hesitate to oppress the little people. In the chaotic conditions that the law does not make life a little better, easier and more convenient, but on the contrary, troubling and makes people uncomfortable to move.

To discuss how the actual legal position in a chaotic state due to the onset of violence everywhere, it needs to be reviewed in advance what the nature of the law. Of course this discussion does not intend to make the law (and the people involved in it) to me-too chaotic, but expected a little more to make them smart and sprightly as this is particularly critical of the views of glorifying the law as a powerful tool in solving all the problems.

The first essence of law is barking. Nature of the bark of the law is evident from the rules (both written and unwritten) are alive and maintained by the community. Contains commands and prohibitions of law, for example forbidden to steal, rob, murder and so on. That is the article in the rules. Under normal circumstances or no crime at all, these articles are only reminded (by barking either by law enforcement officials or the public at large) to any person not to commit the forbidden act.

Nature of the bark is not intended to satirize out put of legal education that produces SH, the acronym of the Bachelor of Law, not Stomme Hond (read: stupid dog), but if we are fully aware that we should be tolerant of this term is more appropriate barking and striking when compared with other terms. On this side of the law is the guardian of public order that would try to warn people who have a desire to do evil.

The second is the nature of the law is biting. This trait is a continuation of the first properties being so barking and perpetrators can not be reminded of it again with the barking then he will bite. Biter criminals are those who called law enforcement officers (police, prosecutors, judges, prison officers). At the time he was arrested by the police or the public (if caught), criminals feel the first bite and when it gets to the prosecutor and the court is chewed process, until finally thrown into prison for running a penalty in the form of reduced freedom they have.

In the case of an outbreak of violence in the country, the perpetrators of violence are not afraid to bark gonggogan law because he considered it no longer means or the law no longer fangs so that appears is the courage to commit a crime. The law also can no longer bite hard because the existing laws of the elderly (aged over a century, especially criminal law) or has become a toothless tiger because his teeth had been knocked out by collusion, corruption and nepotism so that there is a waiting time of death.

The third is the essence of the law that is gripping. Law that contains commands and prohibitions that may be tense, especially with the threat of criminal. For example, in the case of premeditated murder, the maximum penalty is death. This threat is very scary because it can make the hair stand on end. But even more terrifying is when the law was again used by the powerful tool to legitimize its power by violence perpetrated by the authorities. Such a law would be very eerie feeling of community, such as subversion laws. This Act may justify government action to make the arrest until sentencing on people who really are innocent, but simply disagreed with the ruling (and this is in fact guilty of dissent)

Law that gripped not teach people to live peacefully, but the spreading tension, horror and fears. He led shackled life, do not grow and tend to turn off the creativity of the community. Such laws do not deserve to live in a democratic country, because the overwhelming nature of the law is actually the threat of democracy itself. And humanitarian law must be flexible so that people feel comfortable, peaceful and better life with all the advantages and disadvantages that exist.


E. Humane law

Violence arising in the community or within the larger scope of a country is necessary and natural. Old values ​​of existing and well established at some point be replaced with new values, either by way of violence, peace and step by step. Violence can not be known when it comes from, but certainly it will come with the dissatisfaction felt by the perpetrators of violence, or by the holders of power who see the violence was necessary to increase the legitimacy of his rule.

In the sphere of science, violence is also needed, because of the violence (which can be either distrust or dispute against a theory, doctrine or opinion) will be able to give birth to the theory, doctrine or opinion that might be better to confront and resolve real violence. In Thomas Kuhn's paradigm, it is clear that violence was necessary to create a crisis that led to distrust of a theory. This unleashed a wave of distrust to replace the theory of revolution and replace it with a new theory and can be accepted by society at present and in the future. [15]

Social chaos and violence in our country do not be sorry it happened, at least in theory Keos optics. Most people misunderstand the theory Keos because they think that this theory is concerned with the disorder. This is the biggest mistake in understanding the theory Keos. Keos theory is not about the disorder, he did not state that a regular system that does not exist. Keos Keos term in precisely the theory of order, not just order, but the essence of regularity. [16]

Keos's theory states that small changes can result in very large fluctuations, but the essence of the concept Keos stated that although it is not possible to predict the exact state of the system, the behavior of the whole system is quite easy to know. So Keos theory emphasizes not the disorder, but the regularity of the system. Disorder is present when we take Padangan reductionistic and focused on specific behaviors, but that attitude is used as a holistic view of the footing and the overall behavior of the system, then keteraturanlah visible. Keos irregularity in the theory associated with reductionistic view and order in a holistic view.

Observing the development of world science, we do not need to be so concerned with the state of this country is in turmoil. This is a maturing process itself or in the language of Kuhn is the process of giving birth to a new paradigm. Chaos actually get people to think how best to do a coveted order came up, or in the optical Keos theory can be said that chaos is order and mother's mother's disorder is the opposite order (because keep embers that could explode at any time).

With that in mind that the legal powerlessness in the face of social chaos and violence that occurred in Indonesia at this time can be used as a momentum to build a better law, not the legal authorities or law the common people, but the law for all people regardless of social status attached to one's self. Current law is deemed unable to cope with this mess because the current law is not made on the basis of humanitarian grounds (remember when the Criminal Code and Civil Code was made, humanism has not been implicated and not be role models in making these laws, even today many laws that ignore the teachings of humanism). For that reason in building a society that has fallen due to the chaos, it is necessary to build a humane law. Not only legal product (in the form of rules), people (law enforcement) but also need dihumaisasikan science.

Prior to the discussion of the humanist theory of law, is useful to first review how to solve the violence that occurred during this time. Nasikun argues, the phenomenon of violence is the solution to be found in the following three options, namely apathy of society, revolution and democratization. The first choice most of us find when other options are not open (this can be seen from the attitude of the people who are tired of the capital or even immune to mass actions related to political activities). The second option had to be taken when the opportunity cost incurred is lighter than the suffering that must be borne in the current system, but in the final analysis is also expensive. The third option adala elimination of injustice maysarakat power structure that becomes the source. In other words according Nasikun ultimate solution has to be accounted for is the ethical foundation of democratization of social life, economy and politics. [17]

In the third world and the difficulties faced big obstacle is the lack of support from what is by Carol C. Gould referred to as culture and personality development of democracy has not faced a mechanism of democracy and civil society weak. Gould pointed to cultural elements and kenpribadian is composed of: [18]
  • initiative is based rational rational understanding of the functioning of political organizations and the relationship between private interests and public interests; 
  • reprositas disposition is based on an understanding and awareness of the interrelationship between the interests of member organizations;
  • tolerance for accepting differences;
  • flexibility and openmindedness attitudes and actions of society;
  • strong commitment and responsibility, and
  • feminism, which include supportiveness, sharing and comunicativeness. 
Approach in solving the problem of violence committed by Nasikun and Gould are highly relevant to the situation in Indonesia. Indonesia in various fields of life is not democratic, the confusion between political and personal interests are still common (especially by the politicians or the authorities), tolerance to accept the difference is low (it can be seen from a political stance pick walk out in the trial DPR), public attitudes and responsibilities can not be relied upon and the position of women in politics in particular is still debated. If Indonesia wants to end the violence, then these approaches should be done immediately.

In addition to approaches that are more social, then back to the description anyway, the law is also used as a tool to solve the problem. But the law is still suffering, in the sense of not able to stem the violence that erupted in turmoil everywhere. Therefore we need a law that is based on the humanist values ​​of humanity and justice that can be accepted by everyone.


Weber describes the development of the legal moves of the tiers as shown below: [19]

1. charismatic legal revelation, namely the implementation of the law through the law Prophets; 
2. emirical creation, namely the discovery of the law by legal honoratiores a legal complaint with the follow precedent contelary Jurisprudence
3. imposition of law by secular or theoritic powers; and
4. systematic elaboration of law professionalized administration of justice.

Of such legal developments, legal developments, especially the judiciary increasingly lead to the administration of justice, but the actual administration of justice can be seen how the development of the theory developed in the practice of justice. There should also be noted that a growing practice in the courts today are filled with intrigue, so the theory that there are sometimes powerless because it overturned the logic seems reasonable. Therefore we need a law (the product and apparatus penegaknya) which has dihumanisasikan.

Humanitarian law is not a theory that is not based on culture in the community. Humanitarian law is the law that is based on human values, morals and ethics that grow and live in the community. For it to be humane law says it should be noted the following points:

1. This theory must contain the principle of freedom. It is important to remember that human beings are limited, but not certain. But real freedom is not absolute. Freedom means that we can effectively deal with each situation considering the objectives chosen consciously. Given the reality of freedom, we awarded a triple power, namely through the choices we define our humanity, creating communities and we can resist enslavement to outside influences; 

2. Humanist theory of law that it should contain a principle of rationality. In the humanistic tradition, reason has been declared a consistently high human greatness. Medieval thinkers Berenger and Tours provide a classic expression of this tradition when he wrote "is a courage to use the dialectic in all its main rid of all the honor thanks to his wits because he made in the image of God." [20]

3. The principle of naturalism is also important to be included in the humanist theory of law because this principle implies the superiority of nature over man, a continuity between them, the clarity and strength nature allegorical. Humanism must have a cosmic background, even a cosmic consciousness. Nature has an advantage in two senses: the power of nature is the creator of all things is the basis of rationality and human nature, contain what the ancient people called rationes seminales - that the seeds of intelligence so much scattered all over creation.

4. The principle of morality. A humanism which should show a strong moral sensibility. Humanism is essentially a moral concept in that it is directed to an ethical ideal and to a moral reward. Complete moral knowledge is a theme that flows from Socrates to Roman philosophers, Seneca and Quintilian to the medieval moralists.

5. The principle of society. This principle is a specific example of the principle of morality. This principle says that human beings were moral, is tantamount to saying that he is a social creature. Social civility and a sense of community is the natural results and need of humanism. Residents who thinker was one of the humanistic ideals of the highest. On the one hand we consider humanism asks the eternal truths, on the other hand we consider the field requesting the social activities in which truth is often fragmented, unpredictable and dark. Is a service of the social sciences because it has greatly expanded and mengkokretkan legacy of humanism.

6. Human experience indicates a sacred dimension (religious principles), a movement toward the transcendent, mystical, mysterious. The humanists have to admit this universal tendency of the human soul. Some of the modern form of humanism rather fierce in their opposition to their religious or primarily by the so-called secular humanism. But what was said by John Stuart Mill have us think, "if it is true that God truly desires the happiness of his creatures, and that was his goal when creating, expediency is not a godless doctrine, but much more religious than the doctrine anywhere. "

7. The principle of creativity. This principle teaches us to welcome the new, re-shaping material existence, looking for patterns of the original meaning. Nietzsche is perhaps the greatest philosopher of creativity in the modern era. Creativity fused with the act, causing man as a creature capable of making himself perfectly in front of nature and God.

From what is stated above, the legal establishment (either theory, product and executive officers / offender law) may refer to the seven it that what is produced can have the soul of the spirit of humanism, or at least come close to that direction. Establishment of a humane law needs to be done because the legal theory used and developed in the New Order era (Imperative theory of Austin and Reine Rechtslehre of Hans Kelsen) could not answer the challenges of the era, especially the problem of global dimensions. Humanitarian law is once again answered the challenge of the law of nature that is gripping. Humanitarian law does not make living people feel terrified, but people will feel comfortable and safe and protected from any danger.

Humanitarian law can not be separated from the legal nature of the first and second, that can bark and bite because as a rule of life, the law does not always move and only barks when violence or crime in the community did not exist. But he would bite the perpetrators of violence or crime that arise in the community. In an atmosphere of humane law he will not bite as hard as I (with the motif of revenge or retribution) but he will bite the bite of a full sense of humanity that can bring the perpetrators of the meaning of life and peace of society, nation and state.


F. Close 

Chaos and violence in society on the one hand was regrettable because it brings many casualties, but on the other hand it is necessary so that people can reflect and contemplate on the values ​​of life that has held firm. Chaos and violence in science is also needed to in order to create new and better theories. In the legal world, chaos and violence it is necessary that the law will create better and more humane.

In effect the law has three properties, that is barking, biting and gripping. Properties of bark and bite are properties that can not be modified in accordance with the essence of law itself (in the form of commands and prohibitions), but the overwhelming nature can be reduced or eliminated altogether if the existing law and created to provide safety, comfort, peace and make life more good, comfortable and peaceful.

In connection with the above couplet Bhagawadgita, social chaos and violence it can be referred to as the suffering in life if left unchecked will continue to cause destruction. It is necessary for the completion of which may include the advice of the wise men. The best advice and we are close to humanity, our sense of humanism, which had been buried and forgotten due to be seduced by the material and worldly possessions. Law must also be turned to human settlement through a law that man can be properly resolved.

Footnote

[1] Faculty of Law, University of General Sudirman, Student of Master of Legal Studies Undip Force XVIII (1999/200).

[2] Erich Fromm, the roots of violence, Socio-Psychological Analysis On the Nature of Man, the Student Press, New York, 2000, p, 311-312. Compare this view with the philosophy of Lao Tze said that the body, mind and soul is one, when the body is expressing what you have in mind and animating the body into a rhythm with nature, his actions are pure and there is no reason for shame. This philosophy underlines that what is done by human beings can not be separated from his mind or what he had constructed in his mind menenai deed.

[3] Ibid, p. 258 and 260. Compare this with the opinion of L. von Bertalanffy who suggested that aggressive and destructive tendencies in the human soul is not the nature of the biological impulse, but rather relies on an innate human trait a notch above the biological level, the ability to create a symbol of nature in his mind, as well as language and behavior.

[4] Robert Andi was quoted by I. Marsana Windu, Power and Violence According to John Galtung, Canisius, Yogyakarta, 1992, p. 63.

[5] Nasikun, Law, Power and Violence: A Sociological Approach, paper at the seminar on the Sociology of Administrative Law In The Development and Global Restructuring and the Establishment of the Association of Teachers and the Law A Sociological Interest in Indonesia, Semarang UNDIP FH, 12-13 November 1996, thing. 4

[6] Ibid, p. 4-6.

[7] a more detailed description of this can be seen in Erich Fromm, op.cit., P. 276-278.

[8] Ali Shariati, Humanism, Between Islam and the West School, Library Hidayah, London, 1996, p. 39.

[9] Ibid, p. 40

[10] Ibid, p. 45-46

[11] Ernest Baker and Nietzsche in Berbard Murchland, Humanism and Capitalism, the Study of Thinking About Morality, Tiara Discourse, London, 1992, p. 81.

[12] Ibid, p. 82-83.



[13] David Hume, Of Refinement in the Arts, in Essays Moral, Political and Literary, Oxford University Press, London, 1963, p. 280



[14] Nasikun, op.cit., P. 1-2



[15] Further details regarding this science paradigm can be read at the Thomas S. Kuhn, The Structure of Scientific Revolution, Youth Rosdakarya, London, 2000, or in M. Munandar Soelaiman, Transition Dynamics Society, Student Press, New York, 1998. Scientists struggle in changing the paradigm of old and new knowledge are always casualties. If the first victims are the scientists themselves, as Galieleo Galilei who was beheaded, his theory of gravity that Newton was ridiculed or action of the fall of western science codified by Bacon, Boyle and Descartes. But as befits the story (which resembles a myth or legend) always ends by obtaining the title of super-heroic man (on the human qualities).



[16] When considering the history of this Keos theory, is something extraordinary happened. How perkasanya Newtonian physics that has been rooted and lived nearly two centuries can be undermined by the relativity theory of Einstein in the 1910s. Although the theory of relativity is also powerful, but can be broken by quantum physics theory in the 1920s, and recent theory that is able to break the argument keoslah theory of quantum physics in the 1970s to replace his position as well as the latest theories about physics until now.

[17] Nasikun, op.cit, p. 15

[18] Carol C. Gauld, Rethingking Democracy: Freedom and Cooperation in Social Policy, Economic and Society, Cambridge University Press, 1990.



[19] Weber in Satjipto Rahardjo, Law and Bureaucracy, paper presented at the Panel Discussion of Law and Development in the framework of Chess Tiger FH UNDIP Hyderabad, December 20, 1988, p. 4

[20] Armand A. Maurer, Medievel Philosophy, Random House, New York, 1962, p. 48

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