Legal phenomena that occur in society are usually related to social order and social norms, all of which can be in the economic, political or social domains and cultural characteristics . However, what is certain is that studying this is a real case that must be studied by academics and practitioners.
For this reason, as a more in-depth study and discussion, here are at least several examples of social phenomena related to law in society.
Legal Phenomena
Recognized or not, the law is formed as a social system of governance, which means we reveal the social fact that law is the norm.
Whether the Act is in the form of a parliament or a binding contract between two parties, the Parliamentary Act or deed is a binding contract between the parties issuing the legal document. Legal documents are seen as laws and henceforth issue orders to bind them.
Read Also : What Is Organic Solidarity? Definition, Characteristics and Examples
When taking a closer look at this situation, could one issue an order to command himself, that was absolutely impossible, one could not order himself.
So what actually binds the parties, is it the Act of Parliament and Contract or the Law ? The answer is state law which binds the parties to act in accordance with an Act of Parliament or contract.
Examples of Legal Phenomena
As for the example of the sociology of law related to phenomena in society in everyday life. For example;
-
Democracy
The definition of democracy is very important for Indonesian people, especially those who make laws to be bound by these laws. But in a democracy, it is also important that laws are not recognized as orders. Laws cannot be democratic if there is a relationship between those who issue them and those who receive them. If there is no relation between the two then there is law or order.
The authority that issues the order (UU) should be considered as impersonal or anonymous. This explanation is clear that the authority of law is above those who are ordered and also above those who are ordered. This idea is expressed in the famous, non-sub homine, sed sub lege concept .
That is, the binding power of law does not come from a human who rules, but from an impersonal anonymous. what is impersonal and anonymous is called the norm.
Should statements that mean that individuals “should” behave in a certain way do not mean that;
- Some other individual demands so, or;
- The person should behave like that.
The norms described above are the expression of an idea. It does not exist in reality, it cannot be seen, felt or touched. The norm is that something has to happen or behave a certain way.
-
The Being then the Ought
Individual behavior that actually occurs in the realm of das science and should occur in the realm of das sollen is the provision for individual behavior which can be said to be determined by norms.
The norm in this case says that something must happen is legal even though it didn’t happen in reality. If what happens is that the behavior of a particular individual is in accordance with the norms that say that the individual must behave, then the norm is said to bind that individual.
The concept of rule of law can only be understood if we understand how norms and supposed are correlated. If we try to explain legal norms as rules that describe the actual behavior of men and put forward the idea that the concept of “ought” is irrelevant then we cannot really explain what legal norms mean.
Read Also : Definition of Genocide, Forms, and Examples
-
Loans (Online Loans)
Online lending, also known as the acronym Pinjol, is part of the realm of legal sociology. The reason is because this social phenomenon is currently being widely debated, for example, the existence of online loans can help people quickly get money which they will later have to pay.
However, when they are unable to pay, in the end, each individual and group must share their privacy with colleagues and even friends accompanied by threats.
-
Criticism on Social Media
Recently, a form of legal phenomenon that exists in society and also becomes a conflict between those who agree and those who do not is criticism on social media. There are many social media that contain elements of criticism of the case, such as Bima in Lampung who criticized on social media TikTok. In his research, this criticism received support, but on the other hand, this criticism was also reported to the police, although in the end the case was closed.
Well, that’s all the articles that can be shared with all groups regarding examples of legal phenomena that exist in society in everyday life. Hopefully it can provide insight for those of you who need it.