Advances in Social Science, Education and Humanities Research, volume 583
Proceedings of the International Conference on Environmental and
Energy Policy (ICEEP 2021)
Legal Relationship and Social Changes and Their
Impact on Legal Development
Rosidi Roslan1, I Gusti Ayu Ketut Rachmi Handayani2, Lego Karjoko3
1,2,3Universitas Sebelas Maret Surakarta, Indonesia
[email protected]
Abstract- The life of modern society and traditional natural disasters and the current Covid-19 pandemic color
society requires a legal order in it. It is a challenge for the the social changes that occur in society.[4]
law to be able to adapt to social changes. Law and social
Social changes that occur, of course, there are
change are closely correlated because they are
expected and also not expected. However, several trends
interdependent. On the one hand, there are demands for
cause social change to occur: First, the reality that no
social change that must be following legal rules, and on the
human is stagnant. Second, changes that occur in certain
other hand, legal rules must adapt to social changes. social institutions are followed by other social institutions.
Through the analysis of the concept of law as a reality or Third, social changes that occur rapidly lead to
social engineering, the impact obtained by law is the disorganization in adapting. However, all social changes
emergence of legal developments that adapt to social change, are generally caused by population growth, technological
and on the other hand, acceptance of the law becomes the discoveries, and scientific developments.[1]
basic foundation of social change accepted by society. This is
in accordance with ubi societas ibi ius, which means where Community life is governed by norms, and a slew of
there is a community, there is a law; if society changes, the existing institutional regulations have required that people
law also changes.
adhere to a variety of applicable regulations.[5] However,
the community's collective behavior compels them to
Keywords-Legal impact, Social transformation, Social constantly think and demand specific actions. Naturally,
Engineering. given the life of a pluralistic society, they will experience
social change, and change becomes a necessity in this
I. INTRODUCTION case. It becomes interesting to discuss how social changes
in society are related to laws that are constantly reviewed.
As we all know, in the process of human life or Based on the description of the background above, the
community in a broad sense, both those belonging to formulation of the problem that will be discussed in this
modern society and traditional society always experience paper is "How is the correlation between social and legal
changes in their lives. Change occurs because of social changes and their impact on legal developments in
interactions that produce the goals of the ongoing society?
interaction process. The reality of life that involves
II. FINDING AND DISCUSSION
people's interactions with one another impacts the scale of
social changes that occur, namely changes that are visible 1. Legal Concept as Reality (Social Engineering)
or changes that occur slowly in the process. Considering
that the 21st century has been claimed as the modern Legal perspectives as social engineering or law as
century, the development of social change today is so reality regard the existence of law as a non-autonomous
complex and significant that its existence is felt.[1] region. This is because the law is inextricably linked to
societal problems such as social, economic, political,
The development of social change felt by the cultural, and religious issues. As Satjipto Rahardjo stated,
community, one of which is aided by technological it is no longer necessary to view law in isolation because
advancements that elevate life to a new level in it must be connected and understood functionally, or in
comparison to what they knew previously.[2] Through other words, there are always interdependent links with
technological advancements, some of the progress felt by other spheres of society. This reality has been
the community has an effect on aspects of culture, demonstrated to have an effect on changes in society in
lifestyle, and the community's dreams, both positive and the twenty-first century brought about by modernization
negative, which should be anticipated by the existence of and industrialization, resulting in legal changes.[6]
the law in order to remain within the proper rules while
also taking into account the reality that social life cannot In general, the primary purpose of law is to safeguard
be divorced from the existen.[3] Additionally, the the social interests that exist. According to Pound, three
continued existence of modernity has begun to cast doubt types of interests must be protected by law: public,
on anything traditional, and additional factors such as individual, and personal. Additionally, Mochtar
Kusumaatmajda stated the role of law as a development
Copyright © 2021 The Authors. Published by Atlantis Press SARL.
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Advances in Social Science, Education and Humanities Research, volume 583
tool, stating that law serves two functions: as a means of that the development of law is determined by social
maintaining public order and as a tool for community change; however, this appears to overlook the fact that the
change. In this context, the law can be used as a tool for historical record, particularly the institutions that oversee
social change, or "law as a social engineering tool."[7] the law, demonstrates a distinct role, not something that
This is also reinforced by Hugo Sinzhemer, who stated gropes for social change. In contemporary society, the
that legal changes are necessary if there are perceived role of law has influenced a variety of social spheres,
gaps between the conditions, events, and relationships in from education, housing, rational relations, protection,
society and the law that governs them, because the rules and transportation, to the use of energy, which has
of law cannot be divorced from changing conditions, unconsciously become an indispensable support in many
events, and relationships. Naturally, such a situation spheres of life.
necessitates legal amendments to ensure that the law
As Dor stated, the law has played an indirect role in
remains effective in its regulation and function.[8]
social change by forming social institutions that have an
2. Social Change and Its Correlation with Law impact on society. However, this paper will focus on how
social change affects law, rather than on how law affects
Change is generally defined as the existence of
social change. In contemporary life, the shift in morals,
something that did not exist previously. On the other
values, and lifestyles appears difficult to reverse. This
hand, it is also defined as the act of erasing or destroying
then disregards something that was believed in the past
something that existed previously. However, not all of
but is now considered obsolete. Without realizing it,
these changes can be classified as social changes because
people forget that social change must adhere to
some of them involve relatively minor (trivial) social
established norms or, in a formal relationship, must be
changes, although these minor changes can occasionally
governed by applicable societal or state laws. This is a
snowball into something significant (substantial).[5] In
challenge because existing law in society, particularly
simple terms, social change refers to a community's
formal or written law, is typically rigid and has a low
participation in an activity that results in a different
tolerance for deviation. In the next sub-chapter, we will
pattern of relationships than previously existed.
discuss how social changes affect the law due to
Individuals within a community group face choices about
modernity.
how to adapt to new situations, such as technological
advancements, ideas, values, and ways of life.[5] Thus, 3. Impact of Social Change on Law
social change can be defined as a series of shifts in
Satjipto Rahardjo stated that the legal world, which
people's attitudes and behaviors toward others and the
initially was esoteric and claimed its autonomous
government on social, cultural, political, economic, and
territory, could not be maintained for several reasons. To
other levels.[7] This is reinforced by Samuel Koening's
begin, the law's inability to become a means of the present
assertion that social change refers to changes in the
is a result of societal and political changes, which result in
pattern of human life that are influenced by both internal
the law losing its hold on society. It is undeniable that the
and external factors.[9]
current of development is increasing, which necessitates
Social change will inevitably create problems as a the existence of law that is adaptable to existing social
result of a mismatch between social acceptance and the changes. If the law is incapable of adapting to existing
social reality that exists in society. While the law, as social changes, the law's substance will lose its hold on
explained in Roscoe Pound's concept of Sociological people's lives. Second, as stated in the Repelita, there are
Jurisprudence, is said to have its life in its requirements for becoming an industrial society. This
implementation. Pound defines law as an order of means that the law is required to participate in building
behavior that is aimed at achieving the good and is order in society. In terms of establishing social order, the
capable of satisfying a large number of parties. That is, law plays a critical role in preparing people for a new way
law is a technique for resolving social problems. Pound's of life.[6]
concept of social engineering is to create a social structure
Furthermore, Soerjono Sekanto said that the success of
that maximizes decisions or needs while minimizing
using the law to change behavior depends on the
conflict. Pound views and understands the law in this
institutional process and areas that want to be changed,
process as a regulator, or, in other words, as a mediator in
namely something neutral or personal. The problem is,
cases of willful conflict. Additionally, if a law is in place
currently, the use of law in responding to social changes
to regulate desires in accordance with social compliance
that occur in society there are indications of overlapping
requirements, the law must be adjusted or function
by the interests of irresponsible elements in it so that in
according to specific functions in order to accomplish the
people's lives today, trust in the law is no longer reliable
desired goals.
because they believe in the law. There are only two
The relationship between social change and law is still directions: blunt upward and sharp downward.
quite contentious, as there are two schools of thought: on Effectiveness in instilling law is also harmed because
the one hand, social change causes the existence of law; society becomes more cohesive when several laws are
on the other hand, social change is determined by the deemed incompatible with development goals, and not
inherent laws of society. Numerous perspectives assert infrequently due to social interactions that occur in
279
Advances in Social Science, Education and Humanities Research, volume 583
society that result in a large mass group conducting [4] H. C. David Man, “Life under lockdown - the value and role of
technology and media in a pandemic,” BBC, 221AD.
demonstrations when laws or laws are issued that do not
https://www.bbc.co.uk/rd/blog/2021-02-lockdown-covid-media-
meet expectations. technology-research.
[5] S. Salam, “Hukum Dan Perubahan Sosial (Kajian Sosiologi
In addition to the negative impacts that have been Hukum),” STAI DDI Pangkep Sulawesi Selatan, vol. 11, no. 1,
described previously, there are also negative impacts from pp. 107–115, 2015.
social changes to the existence of the law. Nowadays, it is [6] Achmad Ali, “Menguak Tabir Hukum (Suatu Kajian Filosofis dan
not uncommon for the law to always be involved in Sosiologis),” p. 146, 2006.
[7] Zulfadli, Muhammad, Abdullah, Kasman, and Fuad Nur,
responding to social changes that occur in society because “Penegakan Hukum Yang Responsif Dan Berkeadilan Sebagai
through the law, changes can be well planned and Instrumen Perubahan Sosial Untuk Membentuk Karakter
following legal rules related to the function of law as a Bangsa,” in Pendidikan Ilmu-Ilmu Sosial Membentuk Karakter
tool of social engineering. Recognition of the role of law Bangsa Dalam Rangka Daya Saing Global, 2016, vol. 2, pp. 265–
284.
as an instrument in social change will strengthen society [8] A. Qazwini et al., Hukum keluarga islam dalam refleksi & aksi.
because social change through law is the most basic trace K-Media, 2018.
in today's modern world, which shows that the [9] S. Rahardjo, Hukum dan Perubahan Sosial Suatu Tinjauan
relationship between law and social change is interrelated Teoritis Serta Pengalaman-Pengalaman di Indonesia. Genta
Publishing, 2009.
and dependent on each other. That way, the social
changes that occur remain within the rule of law and can
change positively.
III. CONCLUSION
The relationship between law and social change has a
very close correlation because they are interrelated and
dependent. The existence of demands where social change
must be under legal rules, and on the other hand, legal
rules must adapt to social changes, making opinions
between the two still controversial to this day. In the
concept of law as a reality or social engineering, the
impacts obtained by the law include the decline of the law
as a means of the present, because it is considered to have
reduced its grip, the existence of demands that require the
law to adapt to the social changes that occur, and the
weakening of public legal trust, given that social changes
are increasingly complex, especially with the social
relations of the community to one another and on the
other hand also affected by the positive impact where the
law is getting stronger, because it is a condition for social
change to be accepted by the community. This acceptance
becomes the essential foundation for social change that
occurs as expected. Both social and legal changes
complement each other. This is in accordance with the
thinking of ubi societas ibi ius, which means that where
there is society there is the law. If society changes, the
law also changes.
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