Build a Humane Law

Build a humanitarian law and be able to realize it is a prayer and hope of this nation, when we will enjoy it, therefore, this paper discusses the specifics of how exactly these humanist membagun law. Chaos and violence that exist in today's society due to carry two different dimensions. On the one hand, the turmoil and violence is hated because it brings inconvenience in daily life, but on the other hand he needed to change the state of an increasingly boring. In optical science, chaos is necessary to replace the existing theories of aging and can not solve community problems. Based on chaos theory, the essence of chaos instead of order so that chaos should not only be viewed with a narrow view. To create a humane society, laws are built on human values that are universal. 

A. Preliminary

Living in the era of intrigue and falsehood (in politics), horror, violence, cruelty (evident from the many fears and crimes that occur either covered or not covered by the mass media), concern (as expected by the authorities to the people of small to cover the budget deficit), as now not only need the money or property. What is needed now is not merely the money (although it is important to cover up the stomach every day the little people who always sang orchestral hunger and poverty), but more than that is the belief that life will change (from falsehood to truth, of cruelty and violence the affection and of concern to the happiness that can be enjoyed by all levels of society).

Can not be denied that the political and economic dynamics that occur when people are making life a mess, of those who suddenly become rulers and wealthy or otherwise of the original has the power and then hit the ladder fell. We can not just blame them-they are as actors and actresses on the stage of political and economic life, but in fact it can be seen from here that politics requires maturity and effort in the field of trade or business ethics require that all goes according to what is expected by the community.

Something that goes in line with expectations would make life less berdinamika, less appropriate because it was scripted, it's engineered. For that other measures necessary to live a passionate, colorful, full of desire or libido, both positive and negative, both with the discoveries of new tools and chaos caused by a person or group of people in the community. In other words, chaos in the society's need for power-holders, community leaders and other community members will realize the nature of self and environment and are not swayed by the results already obtained. Social unrest is needed so that people can reflect, meditate and contemplate on what has been and will be done.

Social chaos can be caused by the violence that erupted everywhere by authorities or other community members at large. Violence perpetrated by the ruling will result in a very broad form of chaos in the society if the ruling as a maker of sudden violence or deliberately toppled by the opposition of the people or political opponents as happened in Indonesia in the fall of the new order. Impacts arising at the time was chaos everywhere and security forces made ineffective or because they do not have the power compared to the mighty power of the people. Mess made by members of the public does not have an impact due to the vast, but it clearly can be perceived by the society in which violence was inflicted.

To gain a thorough understanding of the aspects of violence, the anticipation and the impact of the law (particularly the impact on legal developments in the future), then in this paper elaborated on the meaning of violence itself, the movement of humanism as opposed to acts of violence, the role of law in the life (especially in situations of chaos) and hope for the establishment of a humane law in this beloved homeland.

B. Violence as a phenomenon of Mondial

Human nature has two different dimensions and in its implementation may be good and bad. Good things must have been expected attendance, while not a good thing it happened so inevitable. Yet this life is not interesting if that happens is that things are good, life is flat, so that the violence which caused chaos as a negative state of human nature required his presence.

As with the question, Does it matter which comes love, then comes the question Where does the violence, should also be submitted. On the flow of Hobbesian philosophy, the answer can be found as Thomas Hobbes saw the state of violence rooted in human nature in the figure as a wolf to his neighbor (homo homini lupus), whereas in the conception of Rousseau, the violence hidden in the chain of human civilization that formed as inter-animal attack. Many scientists who make the excuse that avarice or greed, competition and selfishness is an innate human trait.

In general, people refer to the clinical state of human nature in not tolerate bad behavior terhidarkan, semisalkerakusan, murder, fraud and disbelieving. The main argument for the assumption of the existence of human nature is that we can define the essence of homo sapiens in terms of morphology, anatomy, physiology and neurology. Surely we must assume - if we do not want to retreat to the view that considers the body and mind as a separate reality - that the human species must be defined physically as well as psychic. [2]

Kedestruktifan animals can show that malignant social and environmental balance when they are disturbed, although it occurs as an exception - for example on keberjejalan conditions. Can be concluded that humans are much more destructive because he has created such conditions keberjejalan or social constellation of potential aggression, and this has been taken for granted in its history. But kedestruktifan and human cruelty can not be explained by referring to the innate nature or destructive animal instinct, but must be understood in terms of the factors that distinguish man from animal ancestors. Issues to be studied is how and to what extent the special conditions of human life affect the quality and intensity of his desire to kill and torture. [3]

One of the destructive nature of man is violent. In a narrow sense, implies violence as an attack on physical abuse against a person or animal, or an attack, destruction, destruction of the very loud, rude, cruel and vicious person of property. [4] In a more extensive concept includes all forms of violence actions that may hinder a person to merelaisasikan potential itself (self realization) and develop a personal (personal growth), which are two kinds of rights and the most fundamental human values. [5]

In a broad sense, the violence does not only include physical dimensions, but also a psychological dimension. Outside dimensions of the impact by the dimensions of the violence, the violence also has another dimension, namely:

presence or absence of the object, which distinguishes the violence that has a clear object of which does not have a clear object

presence or absence of the perpetrator or the subject of violence, which distinguishes the violence that has a clear subject of violence that do not have a clear subject

presence or absence of intent, which distinguish violence committed with violence that is not done on purpose; and whether or not there is a real revelation, which distinguish real violence (manifest) of hidden violence. 

Dimensions of this violence can happen on a personal level or the individual (personal violence) and at the structural level (structural violence). [6]

John Galtung in On the Social Costs of Modernization, Social disintegration, Atomie / Anomie and Social Development, distinguishes eight types of violence that is increasingly becoming a threat to humans at current levels at mondial (kajadian-linked events in Indonesia), among others :

A. Violence against nature, which he described as ecological crimes.

This violent form of environmental pollution caused by activities factories that produce waste that is made without prior waste management. The case of PT. Main Indorayon core is just one example that stuck out, many other cases are actually larger but not revealed because of the powerlessness of the law enforcement and mass media face the octopus money offered by employers.

2. Violence against oneself, such as stress, suicide, alcoholism and the like. This violence is happening in Indonesia when the monetary crisis hit that caused a number of companies went bankrupt, banks closing and employees losing their jobs. Employees or workers that much stress, not a few who committed suicide, insanity and even make a child or wife as pelampiasannya.

3. Violence against the family, such as child abuse and women abuse, which is done through physical or verbal disclosure. Violence is hardly known if the victim, parents or siblings did not have the courage to express. Father to rape his daughter or stepdaughter, selling virginity girl by her mother, empowering kids to make money on the red lights or to beg in the streets or crossing the bridge could be included in this phenomenon.

4. Violence against individuals, such as theft, robbery, rape and murder. This kind of violence is nothing new, and often occur in Indonesia. Those who do this kind of violence do not hesitate to kill his victims and there is a tendency to modify the violent ways of doing this, such as theft, are now no longer made real by taking money out of pocket or the victim's home, can also be done with a computer on credit card victim, whether the victim was in Indonesia or abroad.

5. Violence against the organization, which in the disclosure could be a corruption and abuse of power. Disclosure of this type of violence much disputed, because of an incomplete and too convoluted. How many cases of corruption, collusion and nepotism are acquitted or evaporate without a word. In a more polite phrase can be said that Indonesia is a haven for criminals. Indonesia is a country full of corrupt but none of the convicted criminals.

6. Violence against groups, including various forms of violence between groups, between classes and between nations. This violence is still common despite the appeal of national unity is often sung. Clash between a group of thugs led by a young man from East Timor (Hercules) with other groups at the disco around Mayflower Jakarta, Jakarta, between thugs clashed with traders in Tanah Abang market, tribal clashes between Dayak and Madurese in Sampit, Kalimantan, clashes between the pro Gus Dur and the mass of non Gus Dur, who became a trend but it rarely rises to the surface is a clash between villagers and the last that actually has a great scope in this type of violence is a clash between the ideology of the invisible but very real. Clashes indicated that Indonesia is very vulnerable to a variety of issues that could trigger social unrest and chaos, especially if the issue comes, ethnicity, religion, race, between groups, between political interests and others.

7. Violence against society, of wars and oppression between nations or states. Violence in Pontianak, Maluku and Aceh, especially issues concerning various aspects of ethnic violence can be classified in this type of violence in addition to the previous type.

8. Power to the other world, in the form of violence between planets. Violence of this type have not been so implicated in the society, but has been implicated in the virtual world of science in the form of violence that spread through the Internet.

Violence in the relationship between personal and structural violence, Galtung Nasikun by following conception states that although both forms of violence that can empirically stand on their own without supposing one another, grow through the experience of historical sociological term, empirically they have a dialectical relationship. Those who benefit from the use of structural power (especially at peak power struktut) generally will try to retain power (status quo) through structural violence is done in secret (to keep the image of his power) through the use of its instruments of power such as police, army and the law. Examples of these cases can be seen when a mysterious shooting that occurred in the early 1980's to maintain the image that the government is able to maintain the security of a democratic society or the abduction of activists in the 1990s that disrupt the government's totalitarian regime that was developed at that time.

Phenomena that occur in the new order is the one who speaks honestly about the evils of a system or regime that existed at that time would have sanctioned exiled, kidnapped, killed or turned off his livelihood by the ruler's anger over his honesty. The obvious explanation is that people like him very dangerous continuity of power and kill their flavor-it is the best way to perpetuate the status quo. Why are they so hated, because by telling them the truth as well as raise the resistance of the half-dead rulers to hide the truth.

Authorities develop a discourse of the new order called the horrosophy, a discourse of thought and science in creating concepts that the goal is to create feelings of fear and horror in the community. Thoughts, words and actions directed towards the new order ruling on the ways or methods berjuga sow horror in a society whose objectives are ultimately cause psychological trauma. These thoughts were colored by the ruling evil plans to scare, to spread the feeling of trauma and spread terror in society.

Such action causes people in a state of status quo: the fear of being fired, fear will be secured, the fear of eviction and other fears. Communities are also beset with a variety of mental stress and a variety of self-despair at the position who can not resist, criticize, protest, resist and find a way out. Fear it not only covers the public, but also covered the apparatus so that the power itself that emerges is a total feeling of fear in every layer of society.

Against violence faced, every human being has the instinct to defend themselves or escape. Statements about reactions to the dangers that threaten the vital interests of human beings can be expressed in different ways, and the most common way is to save themselves. But if he does not have a chance to save themselves or in danger of being defeated then that arises is aggression or resistance so that there is aggression and counter aggression there would certainly arise if the victim is no third party as mediator to stop the scuffle.

Escape reaction depends on the interaction between two factors: first, the real magnitude of the threat and the second is the level of physical and psychic abilities as well as the threatened person's self confidence. On the other end of the reaction to this violence is a feeling of resignation or helplessness that result can be confirmed as victims of violence perpetrators of violence. [7]

The violence that occurred during this apparently does not belong to the Indonesian nation, not a local phenomenon, meaning in other parts of the country, the same thing also happened with variations according to local culture, in other words, violence has become a global phenomenon. Violence has become a global property, owned by all nations because of the violence is human nature in addition to the properties of goodness on the other side. Nation in the world who have demokratispun is still marred by violence, because, as noted ditelah it necessary to live more berdinamika, passionate and colorful.

The violence that takes place continuously or continuously may cause confusion or logic can be reversed, one of the characteristics of chaos is the violence that surrounds the events around the mess. Non-violent chaos may occur
C. Humanism and Moral Wisdom

Any form of violence and the type is an inhuman act, contrary to the understanding that was heralded by humanist fighters. Chaos and violence are not humane (though necessary) and very disturbing in everyday human life. Humanism or humanistic sense is greatly needed by the nation of Indonesia at this time because after all this people as if they were sick.

Humanism is a philosophy that sees the flow in the dignified noble man, capable of self-determination and the power of alone is able to develop themselves and achieve the fullness of human existence to be perfect. This view is the view of humanistic or humanism. Humanism derives from humanus and has a root word meaning gay man. Humanus means to be human in accordance with human nature.

Many scientific speculation about human existence and we can find common ground about the human understanding in line with the basic principles agreed upon. The set of basic humanitarian principles agreed upon, can be expressed in a broader sense the term Humanism. Humanism is a philosophical school which states that its main purpose is for safety and human perfection. He saw man as a noble creature, and the principles he recommends in dasarakan the fulfillment of basic needs can shape the human species. [8]

In the development of humanism, there pertentnangan-contradiction that makes as if humaisme belong to a sect or a particular class of a society, which raised the humanist version of western liberalism, Marxism, existentialism and religion. Western humanism built on the same principles held by the ancient Greek mythology which holds that between heaven and earth, gods of nature and human nature there are disagreements and fight till the point came hatred and malice between them. According to Ali Shariati, the most serious mistakes in the west over the enforcement of building modern humaisme - starts from the view of Politzer, who berlanjug on Marx and Feurbach - is that they regard the world of ancient mythology Yunanai moving around a limited life, natural and physical world and considers it a sacred spiritual phenomena similar to that in humans only. [9]

Modern humanism which is seen by Western bourgeois liberalism as a system on which the building of human beings as creatures who have the virtue-leutamaan eternal moral and noble values more noble than the material, which becomes a virtue only of core importance to humans. Departing from here, Western bourgeois liberalism rests on the opponent's humanism and metaphysical naturalism. [10]

Talk of liberal humanism can not be separated from capitalism, because the criticism of capitalism is often associated with humanism in addition to democracy. Of course this has to do with humanism that developed with the development of the industry or the industrial revolution in England and spread to Europe to America. Most prngkritik-critics came from idealists.

Ernest Baker has shrewdly observed that the humanists tend to be platonic in social issues. This is strengths and weaknesses. Is the power of his idealism is a powerful philosophy that is supported by compelling metaphors and the character flaws due to false idealism is his inability to engage creatively with the concrete world. Diseases such as idealism was said by Nietzsche's separation from the world of the mind, the soul of the state, human inwardness of external conditions. [11]

The idealists who criticized capitalism for failing to understand the dialectical relationship between the idea and the real characterize an integral humanism. Furthermore they do not understand that the fulfillment of that ideal can not be imposed from above, but must grow out of their material properties. In the hands of more capable of idealism may be a mediator between the world's realities and the demands of the soul.

The sosialispun or the guardians of high culture have not been successful in providing a logical place for democratic capitalism within the framework of their humanistic, democratic capitalism itself but is humanism. When critics from both left and right began to understand this, it is an important new chapter in social discourse will begin. Precisely why they are so far not been able to understand the complicated questions. Part of the problem is the way it is to be defined humanism in our culture. [12]

Capitalism is humanism - in some ways superior to humanism dipermaklumkan by those who call themselves critics; in most cases match the desires of those who are deepest for a better world and in all of them worthy of serious attention. Single best argument in favor of capitalism as a humanism is of David Hume. He bases his argument pda three beliefs, namely trade in virtue beautify, strengthen communities and promote cultural politics. Among the virtues that were grown in a commercial republic, Hume mentions a sense of responsibility, gentleness and not excessive nature (Le deux its Montesquieue commerce seems to be a daily expression of the time) and law and order. Hume said the law, order, police, discipline, can not be done perfectly to the human mind has been refined in the implementation of trade and manufacture of goods. [13]

Violence is contrary to humanism extolling the values of humanity, especially with the increasingly widespread human rights movement. Violence, whether it is in everyday life and in the course of trade is not expected by the actors in it. Violence will make the values of humanity scattered, oppressed and disrespected. Violence makes life worse even though the myth of violence people will always end in defeat than good.

Moral basis of humanism is present in every human being and in every communication between people is always grounded in ethics. Morals and ethics have tremendous power to lead people in their daily lives. He mengajarakan what is good and bad, what to do and avoided, he also teaches what is right and our duty. Moral values and ethics can not pick the wisdom that is comparable to the material or property. Moral and ethical wisdom is to bring people to the wisdom of the act or behave in a manifest of policy issued.

Humanism berisis moral wisdom-the wisdom of man. Humanism can not escape from this moral value because it is the moral essence of the humanity of man. Moral wisdom is not only in life or human society, he is everywhere and at anytime so it is not surprising in the political world is full of hustle and bustle lies, moral wisdom needed to cool the atmosphere, as well as in world trade which raised the notion of capitalism is humanist.

D. Position of Law in Social Turmoil

In optics the law and society, talk about the violence to be interesting, at least according to Nasikun there are four things that caused it, first, it is becoming increasingly attractive due to the ever-increasing numbers lately. Second, because the scale of membuana, mondial. Violence is not just a local phenomenon but has become a global phenomenon. Third, the phenomenon of violence is becoming increasingly attractive due to the appearance of an ever-changing character of the style or follow the trend that occurred in the community, and last, the phenomenon of violence to be interesting because it presented a paradox, he still understood by many people, including security officers and organizers of public order as individual actions, while the source is increasingly apparent and hidden in the fabric of society. [14]

In solving the problem of violence, the law is often used as a tool to solve it. It is often said by the government that the law referred to as a powerful tool to solve the problem of violence and prevent it in the future, a view that has no doubt its accuracy. The law is not the only tool (and main) in solving the problem of violence, because the law has the character of the bias, are not sterile, siding and never be captured and interpreted as a single. Law (in particular law enforcement officers) are always in indecision when faced with a problem concerning the great men (who have or hold power), but never hesitate to oppress the little people. In the chaotic conditions that the law does not make life a little better, easier and more convenient, but on the contrary, troubling and makes people uncomfortable to move.

To discuss how the actual legal position in a chaotic state due to the onset of violence everywhere, it needs to be reviewed in advance what the nature of the law. Of course this discussion does not intend to make the law (and the people involved in it) to me-too chaotic, but expected a little more to make them smart and sprightly as this is particularly critical of the views of glorifying the law as a powerful tool in solving all the problems.

The first essence of law is barking. Nature of the bark of the law is evident from the rules (both written and unwritten) are alive and maintained by the community. Contains commands and prohibitions of law, for example forbidden to steal, rob, murder and so on. That is the article in the rules. Under normal circumstances or no crime at all, these articles are only reminded (by barking either by law enforcement officials or the public at large) to any person not to commit the forbidden act.

Nature of the bark is not intended to satirize out put of legal education that produces SH, the acronym of the Bachelor of Law, not Stomme Hond (read: stupid dog), but if we are fully aware that we should be tolerant of this term is more appropriate barking and striking when compared with other terms. On this side of the law is the guardian of public order that would try to warn people who have a desire to do evil.

The second is the nature of the law is biting. This trait is a continuation of the first properties being so barking and perpetrators can not be reminded of it again with the barking then he will bite. Biter criminals are those who called law enforcement officers (police, prosecutors, judges, prison officers). At the time he was arrested by the police or the public (if caught), criminals feel the first bite and when it gets to the prosecutor and the court is chewed process, until finally thrown into prison for running a penalty in the form of reduced freedom they have.

In the case of an outbreak of violence in the country, the perpetrators of violence are not afraid to bark gonggogan law because he considered it no longer means or the law no longer fangs so that appears is the courage to commit a crime. The law also can no longer bite hard because the existing laws of the elderly (aged over a century, especially criminal law) or has become a toothless tiger because his teeth had been knocked out by collusion, corruption and nepotism so that there is a waiting time of death.

The third is the essence of the law that is gripping. Law that contains commands and prohibitions that may be tense, especially with the threat of criminal. For example, in the case of premeditated murder, the maximum penalty is death. This threat is very scary because it can make the hair stand on end. But even more terrifying is when the law was again used by the powerful tool to legitimize its power by violence perpetrated by the authorities. Such a law would be very eerie feeling of community, such as subversion laws. This Act may justify government action to make the arrest until sentencing on people who really are innocent, but simply disagreed with the ruling (and this is in fact guilty of dissent)

Law that gripped not teach people to live peacefully, but the spreading tension, horror and fears. He led shackled life, do not grow and tend to turn off the creativity of the community. Such laws do not deserve to live in a democratic country, because the overwhelming nature of the law is actually the threat of democracy itself. And humanitarian law must be flexible so that people feel comfortable, peaceful and better life with all the advantages and disadvantages that exist.

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