Law between Reason and Conscience

LEGAL in any legal system, be it a civil law system law civil law and the legal system common law in essence the same, no different. What is different is only the perspective of the people, both the lay public and the owners of legal power; both the rich and the poor. As long as humans are given reason and intellect by Allah SWT, the Almighty God, then as long as the two keys to life are maintained and guarded and used in a balanced manner, surely every legal step enforced by special law enforcement officers will bring goodness and benefits to everyone, including people involved in the valley of crime.

The achievement of these results can only be achieved by humans who are devoted to God Almighty, no other. However, in the reality of human daily life, it is not free from mistakes, intentional or unintentional mistakes; human. Self-awareness or self-introspection with the belief that Allah SWT is the Almighty God, Most Just and Wise, Loving and Merciful to humans, surely goodness and luck will side with those who believe and are right and whose life is straight like a ruler.

How is reason and intellect relevant to law? The law that we know comes from human actions that are based on good intentions to regulate the lives of fellow human beings in an orderly manner and not to disturb the environment of fellow human beings, including the environment of human life which in turn will have an impact on the future and fate of humans. However, because the law always moves dynamically if it is in the grip of power, then law without power is clearly just a dream, but if power is exercised without law then anarchy will arise; law and power are always intertwined like two sides of the same coin.

The character of law and power is what should be accompanied by a balance between reason and intellect; the law must always be guarded and supervised by both because without supervision and control over it there will certainly be abuse of power and injustice by humans towards each other; between those who have power and those who do not have it and also the law is used as a mere tool (tools) to achieve the objectives of the stakeholders (law as a tools of the powerfull) against the weak against the powerless.

In daily legal practice, there are such circumstances and events can occur not only because judges are introduced to power but also because there is no balance between reason and conscience. The question of why there is an imbalance between reason and conscience in administering the law. Inevitably, the answer to this question is returned to the history of colonialism in this country for 350 years. Colonialism has influenced our perspective on the nature and purpose of law and how to normalize law that can guarantee the creation of the goals of certainty, justice, and its benefits, both for the lives of individuals, families and the wider community.

The legal pattern in colonialism was always authoritarian, where the obedience and discipline of the three legal subjects were demanded to the maximum without any opportunity to realize their rights as free citizens. The influence of this authoritarian color is still inherent in the governance of a country that has been independent for 78 years. This can persist in the lives of the people and this nation has been equipped with the philosophical foundation of Pancasila, which upholds the five principles of Pancasila which are full of moral, ethical, and soul content of free people, both in spiritual and social life.

In the midst of the search for the correct and complete form and color in line with the philosophy of Pancasila, socio-economic and legal life has been completely battered by the development of modern technology that has not been accessible to native technocrats, let alone the laity and the uneducated. BPIP which was formed by the government and is expected to become an institution that guards and maintains the sustainability and continuity of the life of the nation’s identity.

Law in any legal system, whether civil law or common law, is essentially the same, no different; what is different is only the perspective of the people, be it the general public or the owners of legal power; be it the rich or the poor. As long as humans are given reason and intellect by Allah SWT, the Almighty God, then as long as the two keys to life are maintained and guarded and used in a balanced manner, surely every legal step enforced by special law enforcement officers will bring goodness and benefits to everyone, including people involved in the valley of crime.

The achievement of these results can only be achieved by humans who are devoted to God Almighty, no other. However, in the reality of human daily life, it is not free from mistakes, intentional or unintentional mistakes; human. Self-awareness or self-introspection with the belief that Allah SWT, God Almighty, is Most Just and Wise, Loving and Merciful to humans, surely goodness and luck will side with those who believe and are right and whose life is straight like a ruler.

How is reason and intellect relevant to law? The law that we know comes from human actions that are based on good intentions to regulate the lives of fellow human beings in an orderly manner and not to disturb the environment of fellow human beings, including the environment of human life which in turn will have an impact on the future and fate of humans. However, because the law always moves dynamically if it is in the grip of power, then law without power is clearly just a dream, but if power is exercised without law then anarchy will arise; law and power are always intertwined like two sides of the same coin.

The character of law and power is what should be accompanied by a balance between reason and intellect; the law must always be guarded and supervised by both because without supervision and control over it, there will certainly be abuse of power and injustice by humans against each other; between those who have power and those who do not have it and also the law is used merely as a tool to achieve the goals of the owner of the interests, so that the impression and face of the law becomes tangled.

Therefore, even if the law is standardized and enacted through intense discussions between the government and the DPR, the law will not appear clear and have an aura that provides comfort, peace, certainty, and justice, let alone benefits, if the holder of power who implements the law is no longer controlled by authoritarian lusts that are greater than maintaining and preserving the balance between reason and conscience in implementing the law.

(abd)