CULTURED COMMUNITIES ARE LEGAL COMMUNITIES
30/06/2020 Views : 204
Ni Putu Niti Suari Giri
Legal culture is the overall culture of a particular
society as a unified attitude and behavior. Legal culture is a response that
is acceptance or rejection of a legal event. Friedman argued in his Legal
Systems Theory, there are three elements forming a legal system namely the
legal structure (the organ that makes, applies and enforces the law), the legal
substance (the product of legal structure) and legal culture (norms in the
social life of the community).
The cultural dimension holds a set of value systems,
which subsequently forms the basis for policy formulation which is then followed
by the formation of law as a juridical guideline in people's daily lives, which
is expected to reflect the noble values of the nation. Legal culture is the
same general response from certain societies to legal phenomena where the
response is a unified view of legal values and behavior.
Legal culture in community behavior can be grouped
into three types based on individual behavior in social life:
(1) Parochial culture, people's way of thinking about
law is only limited in their own environment. Society still survives on its own
legal traditions (the rules of law that have been outlined by ancestors). This
causes the community to have a high dependency on the leader.
(2) Culture of the subject, awareness of the law in
society has emerged towards policies issued by the government. It's just that
the input from the community is still very small because they still feel afraid
and against the hidden threat of the government.
(3) Participant culture, way of thinking and behaving
in a diverse society, there are still conquered civilized societies, but many
have felt entitled and obliged to participate because he felt as part of the
general legal life. People feel they have the same position, rights and
obligations in law and government. The community participates in evaluating
every legal and judicial event, feeling involved in the legal life both
concerning the public interest and the interests of the family and themselves.
Indonesian legal culture is also inseparable from the
basic norms that have been mutually agreed upon as a nation and state namely
Pancasila and the 1945 Constitution of the Republic of Indonesia. Every citizen
in the legal system can take over in the legal culture subsystem.
Indonesia consists of many islands, diverse ethnic
groups and religions, which of course has caused the culture in Indonesia to
also become diverse. The legal culture of the community also depends on each
area in which the community lives. Between regions, it is not certain that they
have the same legal culture. It's just that by being created and demanded to be
a legal culture, all people are expected to create obedience to the law.
One of them can be seen the application of the values
contained in the community in the regulations made by the Provincial
Government of Bali, namely the Governor of Bali Regulation No. 79 of 2018
concerning the Day of the Use of Balinese Traditional Clothing. The reason for
the issuance of the Governor Regulation by the Governor of the Province of Bali
is to provide direction, foundation and legal certainty in the Use of Balinese
Traditional Clothing.
The Provincial Government of Bali considers Balinese
traditional clothing as part of the national cultural wealth that needs to be
preserved in the context of fostering and developing national culture. Balinese
Traditional Clothing is a Balinese traditional costume which is characterized
by Balinese customs as a form of cultural protection that reflects the nature
of politeness, shade, peace, and pride for the wearer.
The use of Balinese Traditional clothing is carried
out during working hours every Thursday, Purnama, Tilem, and Provincial
Anniversary on August 14. The government hopes that by regulating the use of
the Balinese Traditional dress, the legal culture of the people to obey the regulations
will begin to form, because it is expected that people's participation in
implementing the regulations.
It can also be assessed that, the community obeys and
implements these regulations, because according to the community it is a
culture that should be preserved. So the people obey the contents of these
regulations with pleasure. When viewed from the type of culture described
above. This behavior enters into the culture of the participant, because the
community participates in legal activities made by the community.