JRSSEM 2023, Vol. 02 No. 7, 1261 – 1270

E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494

DOI: 10.36418/jrssem.v2i07.351 https://jrssem.publikasiindonesia.id/index.php/jrssem

ANALYSIS OF CORRUPTION JUSTICE FROM THE

PERSPECTIVE OF LEGAL SOCIOLOGY

Kayla Zendy Alfanny Hayfa

Christine S.T. Kansil

Tarumanagara University, Indonesia

e-mail: kaylahayfa@outlook.com, Christinek@fh.untar.ac.id

*Correspondence: kaylahayfa@outlook.com

Submitted

: 15

January 2023

Revised

: 29

February 2023

Accepted

: 07

February 2023

Abstract: Sociology is ethical behavior. It is known that it is usually distinguished between mere

behavior and ethical behavior (which is based on a clear conscience). His behavior includes

behavior in the areas of trust, decency, disobedience, and law. Behavior that can be

distinguished between normal behavior (fixed) and unique behavior Sociology of law pays

attention to its attention to the law as a social phenomenon (behavior) with its reciprocal

influence on other social phenomena (behavior too). Thus the possibility that one party is

considered as an influencing factor (independent variable) and the other party is considered

as an influencing factor (independent variable). Careful research activities are required.

However, the sociology of law does not prioritize because both are the center of attention of

science. Thus, the sociology of law first focuses on unwritten or customary law, usually

customary law. With the first criterion, the behavior of carrying out the law (as), from other

symptoms.

Keywords: SociologyiofiLaw; Ethics; Behavior.

Kayla Zendy Alfanny Hayfa

Christine S.T. Kansil

| 1262

INTRODUCTION

Corruption in indonesia is currently in

a very severe position that takes root in

every communal life. The development of

practice corruption from year to year is

increasing, either in quantity or amount

loss, finance country and terms of quality

the more systematic and sophisticated, and

its scope already expand in whole aspect

society. An increase (Budiardjo, 2008) in

criminal acts of corruption that are not

under control will bring disaster not only to

the life economy national but also to the

life nation and state in general. The rise of

case criminal acts of corruption in

Indonesia no longer know boundaries of

who, why, and how. Not only the holder

position and interests only who committed

criminal acts of corruption, good In Isector

public and private, but criminal act

corruption has already become a

phenomenon (Hans Kelsen, 2009).

The implementation of the country

clean become essential and is very needed

to avoid practices of corruption that involve

not only the officials concerned but also

family and cronies, which, if left, then

people indonesia will be in a position very

wronged. According to Nyoman Union

Putra Jaya mentioned that criminal acts of

corruption are not only done by the

organizer country, between organizers

countries, but also by the organizers

country with other parties like family,

cronies, and business people, so that

damage joints the life of society, nation,

and state, and endanger the existence of

State. Crime criminal corruption is an act

that not only can harm the finances of the

country will but also can inflict losses on the

economy and the people. Barda Nawaw

Arief argues that criminal act of corruption

constitutes acts very despicable, damned,

and very hated by most society, not only by

society and nation indonesia but also by

society nations around the world.

Corruption in Indonesia occurs

systemically, massif and structured so that

it not only harms the financial condition

State but (Herman Bakir, 2009) also broadly

violates social rights and the economic

society. As per opinion Lord Acton (John

Emerich Edward Dalberg Acton), in his

letter to Bishop Mandell Creighton, wrote

an expression that connects corruption

with Power (Herman Bakir, 2009) "Power

tends to corrupt, and absolute power

corrupts absolutely" that power tends to

corruption and power that absolute end

corruption. The expression is a condition

that occurs when this happens in Indonesia.

If sea travel eradication of Crime and

Corruption currently, it can not (Rahardjo,

2009) separate from the critical role of the

Institution Judiciary in law enforcement in

Indonesia. The judge as an enforcer has a

duty principle in the field of the judiciary,

accept, check, decide, and resolve every

case addressed to him; the duty can be

stated that the judge the execution core,

which functionally exercises power judiciary

as mandated Law Number 48 the Year 2008

concerning Power Judiciary.

Cases of criminal acts of corruption

are difficult to disclose because the

perpetrators use sophisticated equipment

and commonly do by more than one

person in a state veiled and organized.

Therefore, this crime, called white collar

crime or white crime collar, seems to be the

case in Djoko Tjandra. Case scandal

1263 | Analysis of Corruption Justice In The Perspective of Legal Sociology

corruption bank ball that happened since

1999 again discussed public. This was after

convicted corruption transfer rights charge

(cassie) bank Bali, Djoko Tjandra, succeeded

arrested Bareskrim Polri. Director PT Era

Giant Prima (EGP) was known to hide in

Malaysia before he was arrested,

specifically CID. He digelandang ke

indonesia after fleeing since the year 2009.

Djoko Tjandra known had been out in

Indonesia. On 8 June 2020, he had to

Negeri Jakarta Selatan over a case that

bought it. He also had taken care of KTP in

Kelurahan Grogol and had applied to make

a passport at Office ImmigrationNorth

Jakarta (Mukthie Fadjar, 2008).

That the existence of Nessie is also not

reported to bapepam and pt, be, even

though the bank has already entered the

bursa. In addition, regarding billing to

BPPN, it turns out that they still do bank

Bali, not Erai Giat. Chairman BPPN, Glenn

M.S. Yusuf, realized that would cassie Bank

Bal and then canceled the treaty cession. It

started when the investigation began.

Setya Novato then sued BPPN to Court

Administration State (PTUN) and won.

Although he still won in level appeal,

Supreme Court (MA), through judgment on

his appeal on November 2004, won BPPN.

Not enough there, Era Giat also brought

this case to realm civil with sued Bank

Baland to disburse funds of Rp 546 billion.

The court, on April 2000, ruled that Era Giat

was entitled to more than half a trillion

rupiah. Process justice crime corruption is

the same as crime other. Started from stage

Investigation, Investigation. The

prosecution, Examination Trial Court, and

PhaseI Implementation of Judgment. Kitab

Law Law Procedure Criminal (KUHAP) has

regulated duties and authority, and each

institution must carry it out. However,

disputes and disharmony, responsibilities,

and power between institutions in the

System of Criminal Justice still often occur.

Dispute it even very tapered so give rise to

cynicism in society. For example, alone,

society criticizes the existence of

usurpation authority to investigate the case

of criminal corruption between police and

kpk in the case click and crocodile, that two

agencies of enforcement law the by part

society judged to form seizure power

eradicate criminal anti-corruption.

MATERIALS AND METHODS

Research is one of the activities in

science carried out according to rules and

scientific methods obtaining information,

data, and information relating to the

understanding and the truth and versa, an

assumption of the purpose of improving

the quality of human beings through the

development of science. Research is helpful

if it produces a new theory, corroborates an

idea, finds a concept, or corroborates a

statement. The type of research used by the

author is juridical normative (Z. Ali, 2009).

Research Law is done by the way research

material library called research Law

Literature. Consideration author in use type

research this is to know, analyze, and

explain about Analysis about justice

corruption in perspective sociology law.

RESULTS AND DISCUSSION

This discussion will discuss the case of

corruption of Djoko Tjandra in some theory.

Kayla Zendy Alfanny Hayfa

Christine S.T. Kansil

| 1264

1. Theory in DonaldiBlack

Purnad Purbacaraka and Soerjono

Soekanto mention nine kinds of legal

meanings: law as; knowledge, discipline,

rules, legal systems, apparatus, decision

authorities, government processes,

attitudes to act, and direction as a link.

Philip Selznick, as quoted by Cahyadand

Fernando, defines the direction of Asian

order rule as a unique mechanism to

legitimize (declare) that they have

authority and is set up to protect the

creation and application of rules from

the pollution of other forms of

guidelines or rules or controls. Donald

Black, in his book "The Behavior of Law,"

defines law from a sociological point of

view, stating:

Law is the government's social

control; in other words, the normative

life of the state and citizens, such as

legislation, litigation, and adjudication.

In contrast, it excludes the social control

of the everyday life of government

services, such as the Asian post office or

the fire department, because this is the

social control of employees, not citizens.

The translation is thus this: Law is

controlled colonial government; in other

words, the law is the normative life of A

state and its citizens, like legislation,

process court, and judgment court.

However, social control should be

included throughout government

institutions, like office posts or fire

departments, because these institutions

control society only on the scope

internal over their employees, not the

size of the country (Bouman, 1976). The

related definition proposed by Black,

Gunaryo, forward; in detail that every

law depends on the social conditions

surrounding it. Social context also

always influences disposition law, with

word else displaying static but dynamic.

That In Djoko Tjandra, in perspective

sociology according to the Theory of

Donald Black, Corruption is something

thing that violates provisions of social

norms. Corruption needs to control

social from socie.

2. Oliver Wondel's thoughts

That development finally gave birth

to sociology, which also projected

background thoughts of formalism. In

the plot, history increasingly rejects

ways to study and positively analyze it;

Merton white talk about the revolt

against formalism in social sciences. The

statement by Merton White is based on

several in and of various fields of science

in the united states that can trace tillite

oliver wendell holmes jr., who rejected

opinion law, something abstract that

pre-existing and stay wait to be

discovered by a judge (Soerjono

Soekanto, 2013). According to Oliver

Wendell Holmes Jr.'s direction, it was

made by the. The formalism that so it

very is also good for projecting social

studies against the law, which is out of

the traditional legalists' information

mentioned above. As mentioned earlier,

more sub-specialties can meet and work

because equation object research, way

research, and system are the same.

Sociology law, as a field new to the

direction, arises from mixing rule law

criminal with sociologist that becomes a

group rule law that is round,

homogeneous, and personality. It thus

1265 | Analysis of Corruption Justice In The Perspective of Legal Sociology

strengthened by Soedjono Dirdjo

sisworoiand Soerjono Soekanto. Science

law that study law as one symptom

social because of its relation to various

aspects of human life with facets-broad

become the more developed branches

so that there is khansamah science law,

some science law which specializes

deepening with utilize Approach

Disciplines Other Sciences and Develop

Become Branch of Law Which am

increasing, Ifor example sociology law.

In perspective, this theory of justice

corruption Joko Tjandra must be based

on discipline law and regulatory law.

3. Theory in Responsif Philip Nonet

The law responsive is a model or

theory in initiated nonet-Selznick in

middle criticism scathing Neo-Marxist

against liberal legalism. As is known,

liberal legalism presupposes law as an

institution independent of system

regulation and procedure objective, not

impartial, and autonomous. Icon

legalism liberal is autonomy law. The

form (A. Ali, 2002) most real of

autonomy itis the regime rule of law.

With its independent character, it is

believed that the law can repress and

keep its integrity. Viewed from interests

in internal system law itself, postulate

integrity indeed can. However, the law is

not the purpose for me. Law is a tool for

man. He is an instrument to serve

human needs. This meaning isolates

system law from various institutions'

social in the vicinity, precisely bade from

the side human needs it. Law quickly

changes into an institution serving self,

no longer serving serviceman. The law

can no longer rely on tool change as a

tool to achieve substantive justice. Sign

danger of eroding authority and the

inhibition of substantive justice has

become the focus of criticism.

Having a search law responsive has

been a concern am very significant that

continuously from theory law modern to

make the law more responsive to need

social and to calculate more complete

and more intelligent social facts, which

become the basis and objectives

application and implementation of the

law. The nature of responsiveness can be

interpreted as service needs and social

interests experienced and found not by

officials but by the people (Anthony

Giddens, 2005). it forward authentically

need special efforts will allow this Done.

This required a new path for

participation. Nonet and Selznick show

the dilemma of thornyidin institutions

between integrity and Openness.

Integrity means an institution's incisive

social needs remain bound to

procedures and the ways work that

distinguishes it from other institutions.

Maintaining integrity can result in

institutional isolation. I will continue to

speak in my language and use its

concepts in distinctive ways that already

need help understanding my expert law.

Talking with expert law and activities

institutions will be most socially relevant.

On the other side, openness is perfect,

will mean that language institutional

becomes equal to the language used in

society in general with the language

used in association but does not contain

special meaning, actions institutional

will be fully adapted with for cousin

Kayla Zendy Alfanny Hayfa

Christine S.T. Kansil

| 1266

environment social (Yanikasiani, 2016).

concept law responsive see a solution

for this dilemma and try combine

opennesswithiintegrity. Writing will

analyze a more profound concept of law

responsive net and Selznick, regarding

the difference between type law

responsive and type law autonomous

and law as institution social that serves

social needs iniperioditransition.

In the middle of the series, critiques

of the legal reality crisis authority,

namely the legal response of the nonet

and Selznick file models. Social change

and social justice require a responsive

legal order. This need is the central

theme of experts who agree with the

spirit of functional, pragmatic, and

purposive (goal-oriented) energy,

Roscoe Pound, adherents of legal

realism, and contemporary criticism. The

rule model proposed by Dworkin can

now only rely on the dynamics of

handling, which require a social team

amid changes that need to be matured

side by side. The answer to the concept

of normative law is a selective

adaptation to new demands and

pressures. The criterion for its selection

is the rule of law, which aspires to no

longer mean formalities of procedural

merit but to progressively reduce

arbitrariness and abuse of power in life,

politics, and the economy. This law does

not discard the notion of justice but

expands it to include substantive justice.

Responsive law is itself from

autonomous law in its emphasis on an

objective role in regulation. Law-making

and enactment of laws no longer serve a

purpose, but their importance results

from a larger social purpose. They are

seen from the side, the rule of law, which

is minor, is strict. These rules are now

seen as a unique means of achieving a

more general goal, and the many kinds

of rules are expanded or even discarded

when viewed properly from the point of

view of the goals to be achieved

(Musakkir, 2010). What is the purpose of

the law, and what must be upheld by the

rule of law is only sometimes visible, can

be hidden, and has implications. The

critical point is that the information

meaning of the rules must be asked

about what intentions are being served

and what values and interests are at

stake. Analysis may be required to

uncover such claims, make appropriate

values, and clarify legal objectives.

Nonet and Selznick explain this

approach with an example of a proper

legal process. Under an autonomous

legal regime, this concept may mean

nothing other than the procedural order

of decision-making established by the

rule of law. (Munir Fuady, 2011).

However, the type of responsive

directive one aspires to demand a more

flexible interpretation that sees the rule

of law abound in specific issues and

contexts.

Institutions are responsive and

maintain things essential for their

integrity while paying attention to or

considering the presence of new forces

in their environment. For this reason,

legal responsiveness strengthens how

openness and integrity can support

each other even though there are

conflicts between the two. Responsive

institutions regard social pressure as a

1267 | Analysis of Corruption Justice In The Perspective of Legal Sociology

source of knowledge and opportunities

for self-improvement. To obtain this

number, an institution requires

guidelines in the form of (A. Ali, 2009)

purpose. Goals set standards for

critiquing well-defined actions and,

therefore, open opportunities for

change to occur. At present, if the

objective of the guidelines is made, it

can control discretionary administration

to reduce the risk of institutional

(institutional) surrender. On the other

hand, meaninglessness is rooted in

rigidity and opportunism. The bad

condition of the number of voters

coexists and is interrelated with one

another.

An institution which formalist,

bound to rules, is an institution that

needs to have the completeness that is

adequate for things to begin to conflict

with the environment. This institution

tends to tend to adopt opportunists

because they do not have or lack the

criterion for rationally reconstructing

policies that are outdated or that are not

worthy anymore. Only when it has

purpose can there be a combination

between integrity and openness, rules

and discretionary. So, law responsive

assumes that the goal can make enough

objective and enough governments

control creation rules which adaptive

(Soerjono Soekanto, 2012). In the case of

Djoko Tjandra, no one may apply theory

because the Trial of Djoko Tjandra must

be based on the rule of law. After all, if

used approach precisely will not realize

justice for the community.

4. Theory in Harry in C. Bredemeirer

According to Harry C. Biedermeier,

that done by law (in this Court) indeed

coordinate various interests which walk

individually, even that may contradict

one another it to one relationship the

orderly and thus become productive for

its society (Rahardjo, 2008). The

community must also accept the law to

carry out its functions, meaning that the

community must recognize and use the

law to resolve conflicts to benefit the

community. In the Djoko Tjandra case,

should the public accept the results of

Joko Tjandra's trial?

5. Progressive Thought SatjiptoiRahardjo

Legal Progress Correcting the

weaknesses of the modern legal system,

which is full of bureaucracy and

procedures, has the potential to override

the truth. According to (to Satjipto

Rahardjo, 2009), the law needs to return

to the fundamental principles of

philosophy. With philosophy, humans

become determinants and legal

orientation points. Legal obligations

serve humans, not the other way

around. Therefore (Johnstone, 2020),

Law is not an institution separate from

human interests. The quality of law is

determined by its ability to serve human

welfare. This causes progressive law

enforcement to adhere to the ideology

of "law that is pro-justice and law that is

pro-people."

Progressive law does not accept

absolute or final legal institutions but is

primarily determined by the ability of

the toman's reserves. The legal

Kayla Zendy Alfanny Hayfa

Christine S.T. Kansil

| 1268

progressives rejected traditional analytic

jurisprudence, the interests of German

jurisprudence, the nature of law theory,

and critical legal studies. Progressive law

is a correction to the weaknesses of the

modern legal system, which is full of

bureaucracy and wants to free itself from

the domination of type-liberal law. Legal

progressives reject the notion that order

only works through state institutions.

Progressive law is intended to protect

society in an ideal direction, reject the

status quo, and not want to make legal

technology a moral institution. Life

requires social rules in the present; the

law is a prima donna. This happens

because the law has the completeness,

legitimacy, and power to impose the

order it wants. Through created

institutions, humans produce laws.

However, uniquely, the rules here feel

shackled, and humans want an escape

from those above being shackled (Alvin

S Johnson, 2004). I have too often heard

say "ubsocietas ibis" (where there is a

society, in there exists the law); the news

is the simple statement that man cannot

live outside order. However, do not

discuss the complexity between

"society" and "us." Refrain from

describing how intensive and

complicated the relationship between

both is since I am now using modern

law. The distance between society and

its law becomes farther, like a "foreign

object in the body." Partly people say

that the current law has been sliced into

its flesh, which describes how sharp the

modern law is. In contemporary society,

as do on communities, ancient shared

ownership over rules and morally

supported social togetherness, and

therefore the source to remain

maintained order.

The bottom line weakens the strong

attention expressed on "Progressive

moral law enforcement offers a form of

thinking that law enforcement is not

subject to the existing system, but is

more affirmative (normative law

enforcement). This would give rise to

indentations in liberal terms that the

more popular type of parking is

currently making inroads. Law advances

look at other goals as social ends and

social context. Affirmations support my

desire to use law for the benefit of

people over individuals. For this reason,

courage is needed to liberate from the

absolute domination of Liberal

principles and doctrines. In this context,

progressive law puts forward the saying,

"The law is the Forman/the people, and

not the other way around." ” With this

paradigm, when people face or are

subject to legal problems, I am not "the

one to blame" but have to do something

that is not legal. Existing, including

reviewing the principles, doctrine,

substance, and applicable procedures.

one of the keywords in progressive law

is Liberation. So judges and prosecutors

need to learn again to read texts freely

and forward, using the current social

context and social goals. Is not the text

of the law damaging to society if you do

not read and interpret it progressively?

Judges and prosecutors need not doubt

whether they can provide arguments as

long as they are free. This is a

fundamental argument that can put

forward the courage to leave liberal

1269 | Analysis of Corruption Justice In The Perspective of Legal Sociology

demands and enable the law to serve,

guarantee and take care of Indonesia's

needs.

6. Empirical

Many experts who try to formulate

corruption see that the language

structure and way of delivery are

different, but in essence, they have the

same meaning. According to Kartono,

corruption is the behavior of individuals

whose power and position are to gain

personal gain, which is detrimental to

the public interest and the state.

Meanwhile, according to Wertheim,

corruption originates from reciprocal

services from third parties received or

requested by an official to be forwarded

to his family, party, or group. In other

words, corruption is an act that

emphasizes personnel in illegal ways

that harm the public interest. Regarding

justice, Djoko Tandra should be the state

as the policyholder must administer

justice by law.

CONCLUSIONS

Sociology is a science that studies

socialization, both social processes, social

interaction, social club institutions, lifestyle

changes, the colonial structure of society,

social mobility, gender, social change, social

resistance, social resistance, conflict, social

integration, family; Law is the whole of the

norms which a ruling community with

authority to stipulate the law declares or

considers as a binding rule for some or all

members of a particular organization, with

the goal desired by that ruler. The sociology

of law is a branch of science that

understands, studies, and explains

empirical analysis of legal problems faced

by other social phenomena. The reciprocal

relationship between law and other social

phenomena is an integral part of the study

of the Sociology of Law. Thus, the emphasis

of this Sociology of law is more directed to

patterns of people's behavior in viewing

what is happening around them. How do

people obey the law, break the law, and live

the law? The sociology of law is needed by

society because it will explain every object

studied.

REFERENCES

Ali, A. (2002). Revealing the Veil of the Law

(A Philosophical and Sociological

Study). Publisher of Gunung Agung

Shop. Jakarta.

Ali, A. (2009). Menguak teori hukum (legal

theory) dan teori peradilan

(judicialprudence) termasuk

interpretasi undang-undang

(legisprudence). Jakarta: Kencana, 1.

Ali, Z. (2009). Legal Research Methods.

Sinar Grafika, Jakarta, 78.

AlvinS Johnson. (2004). Sociology Law.

Rineka Cipta.

Anthony Giddens. (2005). Sociology:

History and Various His Thoughts (La

sociologie: Histoire detainees).

Translated by Ninik Rochan Sjams.

Kreas Discourse.

Bouman, P. J. (1976). sosiologi: Pengertian

dan masalah-masalah. Yayasan

Kanisius. Yogyakarta.

Kayla Zendy Alfanny Hayfa

Christine S.T. Kansil

| 1270

Budiardjo, M. (2008). Basics of political

science. Jakarta: Gramedia Pustaka

Utama.

Hans Kelsen. (2009). Introduction to Legal

Theory. Nusa Media.

Herman Bakir. (2009). Philosophy of Law.

Refika Aditama.

Johnstone, R. (2020). Economic and

sociological approaches to law. In

Thinking About Law (pp. 61–85).

Routledge.

Mukthie Fadjar. (2008). Contemporary

Legal Theories. In-Trans.

Munir Fuady. (2011). Theor-Theory In

Sociology Law. Kencana Prenada

Media Group.

Musakkir. (2010). Characteristics Studies

Sociology Law and Psychology-Law.

Rahardjo, S. (2008). Dissecting Progressive

Law, Jakarta. Kompas Book Publishers.

Rahardjo, S. (2009). Progressive Law. A

Synthesis of Indonesian Law. Genta

Publising, Yogyakarta.

Satjipto Rahardjo. (2009). Law Progressive A

Synthesis Law Indonesia. Genta

Publishing.

Soerjono Soekanto. (2012). Points

Sociology Law. Rajawali Pers.

Soerjono Soekanto. (2013). Sociology An

Introduction. RajawalPers.

Yanikasiani. (2016). Scope Sociology Law.

Pustaka Setia.

for possible open-access

publication

under the terms and conditions of the Creative

Commons Attribution (CC BY SA) license

(https://creativecommons.org/licenses/by-sa/4.0/).