PHILOSOPHICAL AND SOCIOLOGICAL ASPECTS OF HUMAN ATTACHMENT TO THE LAW

Abstract

This research objective was to discover and reveal the attachment of humans/society to the law based on philosophical and sociological perspectives. This research used the library research method, namely by analyzing literature, data or documents from related institutions, and data from electronic media that were closely related to the research problems. Meanwhile, the research approach was the statute approach, which was a method by reviewing laws relating to the research problems and regulations related to the legal issues under research. Therefore, consistency between each law was seen. In addition, a philosophical approach was also carried out as a reflection of the legal rules to be analyzed based on reality as the function of legal philosophy, namely studying and reviewing law correctly and adequately in interpreting its philosophical problems. The research results indicated that the human attachment to the law in the perspective of legal subjects was viewed from the point of view of philosophy, whether humans for law or law for humans, in the context of modern society in a modern state, as well as in the context of simple society starting from pre-Socratic times when people were looking for true justice until the current modern era. The essence of law created both by state authorities and by a group of people themselves is clearly "law for humans" as legal subjects (natuurlijk persoon) in regulating their social life or in taking actions, or both. Law (rechthandeling) is not "humans for law," but the law can be born from human life association.