Oleh :
	Aisyah Kahar, S.H.

LEGAL CULTURE AND THE SUCCESSFUL OF MEDIATION

By: Aisyah Kahar, S.H.

       Legal culture comprises the views, habits, and behaviors of the community regarding the values and expectations of the prevailing legal system, in other words, legal culture is the climate of social thinking about how the law is applied, violated, or implemented. Without legal culture, the legal system is inert, like a dead fish lying in a basket, not a living fish swimming in its sea.

       Every society, country, and community has a legal culture. There are always attitudes and opinions about the law. This does not mean that everyone in a community thinks the same way. The many sub-cultures of tribes, religions, rich, poor, criminals, and police have different cultures. Most prominent is the legal culture of insiders, i.e. judges and legal advisors working within the legal system itself, as their attitudes shape much of the diversity within the legal system. At the very least, this impression will affect law enforcement in society.

       Law is governmental social control, as social rules and processes that try to encourage good behavior or discourage bad behavior.[1]  On the other hand, social control is a network of overarching rules and processes that bring legal consequences to certain behaviors, such as the general rule of tort.

       There is no other way to understand the legal system than to look at legal behavior that is influenced by government decree rules or laws issued by authorized officials. If a person behaves in a particular way, it is because the law is ordered or because of the actions of the government or other officials or in the legal system.

        The changes that occur in society are common symptoms, and these changes are influenced by social symptoms.[2]  Where there is society there is a law (ubi sociates ibi ius), which is a basic adage indicating that any society must have certain laws.[3]  The existence of society can actually influence the birth of legal products because these norms will be felt directly by the holistic community. The legislator's negligence in paying attention to the norms in society when making regulatory compromises in the parliament building hinders legal development and/or community development.

         The ideals of the law are not well realized, because the object of the law does not feel the function of the legislation formed. The weaknesses in the application of law are inseparable from various views on the true essence of the law. Indeed, the law acts as an instrument that provides benefits to a holistic society.

          However, the dynamism of society is not accompanied by law, resulting in a disequilibrium between the rules and the field. A law is needed that can bind the entire community in a comprehensive concept and framework. Of course, the aspect that can embrace the laws that live in society is the approach using sociological law.

         Designing the best possible regulations, but not seeing the laws that live in society and are static and stagnant, only causes harm to the regulations and results in arbitrary actions from the authorities. The government needs consistency in applying the law.

        This articulation leads to the concept of law applied, because it will have implications for the State. The concept of law varies, so it is necessary to understand the conditions and social situation of society. The legal system emphasizes procedures but does not discuss how the law solves problems, while legal culture contains procedural values, namely procedures, and procedures in managing a conflict in society and substantive values in the form of fundamental principles regarding the allocation, distribution, use of resources in society related to fair and unfair. Basically, the law must be the commander of other aspects, but the interdependence of other aspects is still considered. Law as a norm of behavior is very important so that people's behavior does not deviate. The role of law is very dependent on the country.

           In developing countries, the law takes on the role of social control as well as a driver of behavior towards national goals, namely improving welfare and social justice. In order for public behavior not to be at odds with the law, of course, total public awareness is needed to obey and obey the law. Awareness is a bridge between the law and community behavior. Humans individually or collectively who are members of the community play a major role in carrying out the law. Legal awareness and culture are stimulants from the implementation of regulations formed by regulators.

         The Constitution as a cornerstone certainly holds great hope from the community to guard against arbitrariness. However, when looking at the real conditions in the field, the law seems to be under the ruler who is actually supreme for anyone with his power without paying attention to the community. It is known that the law, which must adhere to the principle of equality, has to deal with a very different reality.[4]

          Outwardly, humans are different from other humans in position, health, prosperity, social status, and others. For this reason, egalitarian laws are needed to provide benefits. This application can be done when looking at the legal culture of the community.

          The legal culture of the community will determine the level of success in the mediation process because the level of legal awareness, process, and perspective towards the law is much higher which will affect the perspective that justice obtained in mediation is much more favorable than the law obtained at the hearing process.