FUNGSI MELAYANI KEPENTINGAN SOSIAL DALAM REFORMASI HUKUM MENUJU HUKUM RESPONSIF

Abstract

Laws, according to Philippe Nonet and Philip Selznick, have fallen into three categories:
repressive, autonomy, and responsive laws. Responsive law particularly deals with public
service. This research prioritizes literature study on the theories of law by Nonet-Selznick,
supported by juridical studies on legislation which is in line with responsive law. The
findings of this research suggest that law can perform–in this regard, to serve the public
interest—well on several conditions: (1) its substance highly values public interest and
social justice, (2) it is implemented by sound and reliable legal institutions supported by
high-integrity apparatus, (3) people consciously abide by the law. Therefore, achieving the
existence of the so-called responsive law—that is the law which provides the people with
protection and serves the public interests based on legal, moral, and social justice—
requires (1) the development of law substances to uphold social interest and social justice,
(2) the establishment of a legal institution which is responsive to social needs and public
dynamics, and (3) the promotion of legal awareness.