Political law is the political aspects melatar-law background and policy formation process of a particular field, it also will greatly affect the performance of governmental agencies involved in that field in applying the provisions of laws and policies, and also in determining the policies these institutions in a practical and operational level. So important political role this law, so that he can determine the alignments of a product of law and policy.
Politics behind the PSDA, on the one hand has a great ability to undermine and erode the exhausted natural resources, but on the other hand, he can maintain the sustainability and carrying capacity and utilization of natural resources in the best interests of society, amid the swift pace of development. This has shelled candidly in this edition the main article, with reference to the case of Rahman Dako, written with slick by Dr Hariadi. Through this article, he tried to describe the relationship between legal political resources with forest damage Gorontalo.
Law and politics is
Virginia Held (ethics Moral, 1989 106-123) discuss at length the legal system and political system from the viewpoint of ethics and morals. He sees the difference between them from the bottom of justification. "The basis for deontological justification in particular is characteristic and proper for the legal system, while the justification teleogis on particular characteristics and proper for the political system. Deontological argument for assessing an act of nature the nature of the act in question, while the argument teleogis judge an act on the basis of the consequences of actions them. Is bring happiness or cause suffering. It hurts ensi action is determined by the consequences thereof, regardless of the nature of substance that should exist in the action.
The legal system, said further Held primary responsibility for ensuring respect for rights and fulfillment of obligations arising from the right in question. And the main goal is to satisfy the political system of collective and individual interests. Although the legal system and political system can be distinguished, but Dalan bebagai things often overlap. In the process of formation Act by forming entities such Act. The process can be incorporated into the legal system and also into the political system, because the Act as the output is a juridical formulation of political policy and its formation process itself is driven by the political process.
Law and politics as a subsystem of society is open, because it both affects and is affected each other subsystems as well as by the ole social system as a whole. Although law and politics has the function and justification of different, but they do not contradict each other. But complementary. Each contributes according to its function to move the social system as a whole. In a society that is open and relatively stable legal and political systems are always kept his balance, in addition to other systems-systems that exist within a society.
The law gives competence to the holders of political power and positions of legal authority to conduct political actions, if necessary, by using coercive means. Is an established legal guidelines for political power to take decisions and actions as a framework for social engineering ririskiky orderly. Prof. Max Radin states that the law is a technique for driving a complex social mechanism. On the other hand hukumtidak effective unless it is recognized and sanctioned by political authority. Therefore Maurice Duverger (1981:358 Political Sociology) states: "didefini law-dream to the power; he consists of a body of laws and procedures that created or recognized by political power.
The law provides legal basis for political power and political power to make law became effective. Or in other words can be argued that the law is silent and political power is the law in action and its presence is felt more real and influential in civic life.
Law and politics have a parallel position. The law can not be construed as part of the political system. And vice versa. The reality of the legal and political relations are not entirely determined by prinsp principles set forth in a constitutional system, but more dtentukan by the commitment of the people and political elites to genuinely implement the constitution in accordance with the spirit and soul. For a system of enforcement of the Constitution only assume Principles of certain principles, but can not automatically realize the Principles are principles. Objective principles of the legal system (constitution) is often tainted by the subjective interests of political rulers to strengthen his political position, so that the principles of the constitution rarely materialize into what it should, and often manipulated or distorted.
Principles-law principles of fraud occur because politics tends to concentrate power in his hands by monopolizing the instruments of power to achieve certain political interests. In addition, as noted by Virginia Held (Moral Ethics 1989; 144) political decisions may be entirely extra-legal, as long as it affects people accept as authorities. If the decision of a leader, no matter how arbitrary executions or not associated with specific regulations, accepted by his followers, then that decision has a legitimate political force. By monopolizing the use of power tools and conditional acceptance by society, then politics is able to create an effective power without requiring the legality of the law.
The law is not placed on the central position of social protest input output system as a whole. In the course of the history of the Indonesian nation, we have a legal relationship with the politics that are not in accordance with the principles stipulated in the 1945 Constitution. The opening of the 1945 Constitution clearly mandates that the composition of state of Indonesia berkedaulatan people. And the general explanation of the 1945 Constitution of the State Government with a clear system to determine, among others, that the Indonesian state is based on law (rechtstaat) is not based on mere power (machtsstaat) and governance system based on the constitution (basic law) is not absolutism (unlimited power) .
In the Old Order distorted these principles. Sovereignty is not in the hands of the people, but moving into the hands of "Great Leader of the Revolution". Law subordinate to the political system of government based on the constitution in practice be based on the Presidential reign (Penpres) and Presidential Decree (Presidential). The relationship of law and politics in the Old Order to walk out of balance. Law lost his authority and slipped into the servant role of political interests, because it was politically crowned the commander. New Order rise at the beginning of 1966 to make corrections to the various abuses that occurred during the Old Order and determined to restore the order of society and state in the purity of the implementation of Pancasila and the 1945 Constitution.
The results so far seem real, particularly in restructuring the legal and political life as the implementation of Pancasila and the 1945 Constitution in a genuine and consistent. But note also that the passage of time seems to temptation difficult to control the development of pragmatism, in which the achievement of quantitative targets are measured with statistics to measure success. That is the basic justification of political teleogis advanced, is not matched by a deontological justification of the legal system that emphasizes the principles that should be upheld by the constitution and laws.
In addition, power was rarely revealing his face, arrogant and inaccessible by the control law and the people through representative institutions. In one of the essence of the state based on law is that kekuasaanpun should be subject to and responsible to obey the law. Political power is executed with respect for the law, is carried on in accordance with the will of the people are sovereign. Carol C. Gould (reviewed Return of Democracy 1993: 244) states: "obey the law as part of a political liability." The rule of law and social life berperaturan also serves as one condition for kepelakuan. Laws to prevent disruption and at the same time maintaining the stability and coordination of community activities. Thereby allowing the actions of others and make future plans.
Symptoms priority to the achievement of targets with less heed to the principles that must be upheld and the arrogance of power, if not addressed is the obstacle in the realization of the New Order's commitment to uphold the constitution, democracy and law. To uphold the constitution, democracy and law is not enough just with the political will that always be a rhetoric, which is more important is to make real efforts to implement the constitution, expand democracy and build the prestige of the practice of law in society, nation and state.
It will be a reality if the political and legal system to function properly under the authority of legitimate authority-regulated in the constitution. System of checks and balances will be implemented if the political power to respect the law and effectively controlled by the people through representative institutions of the people. To realize the legal and political institutions that complement each other really required a strong commitment and sincerity of implementing democratization and the rule of law authority. It all depends on our understanding and greater responsibility in the functioning of the legal and political institutions in accordance with the soul and spirit of the constitution, as well as in building a culture that is conducive to upholding these principles.
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