Legal Gap: Pertentangan Hukum Masyarakat dan Hukum Negara

Saeful Bahar Bahar
2020 al-Daulah Jurnal Hukum dan Perundangan Islam  
This article highlights the controversy of revised act of corruption commission (UU KPK) and of the Book of Criminal Law (KUHP) which had heated up. By using legal gap theory, this writing uncovers the legal gap between the contents of revised KUHP and living laws. Consequently, people in the grassroots level seem more enthusiastic about the issue, for example, the fines because livestock entering other people yards than weakening KPK issues that drive a wave of demonstrations at the level of
more » ... s at the level of well-educated people. Many studies in the sphere of sociology of law that have conducted gave much attentions to the living law or norm in the mods of society. However there is not much of them which gave attention to the legal gap phenomena, it is the incompatibility between living law and formal one. Whereas, such an approach tend to be considered late if it we aim to put the sociology of law as one discipline of social science which is useful in strengthening the law enforcement. In the hilt of the matter, there is an issue of the legal gap which should have been expressed from the beginning, mainly as to the compatibility between formal and informal law when legislation was going on. By utilizing literature study, the research found that; firstly, the resistance against revised KUHP is the logical consequence of legal gap phenomena that has potential legal conflict. Secondly, there are four major manners could be done to resolve the gap; repression, counseling, reformation and restorative justice.
doi:10.15642/ad.2020.10.1.54-72 fatcat:yz4qe4fdz5bf3k55h4leaz6ifm