"The rules are good, but in practice they are a complete failure!"
Legal Literacy- We may often hear or even say the sentence above ourselves. When we see motorcyclists going against the traffic in front of a police post, garbage piling up near a "No Littering" sign, or news about corruptors receiving light sentences. A big question arises:Why is there such a wide gap between what should be (the law) and what actually happens (reality)?This phenomenon, in the world of legal philosophy, is known as the dichotomy betweenDas SeinandDas Sollen". Understanding these two concepts is not only important for law students or scholars, but is a fundamental key to legal literacy for every citizen. By understanding it, we can become a more critical, aware, and able to drive change. This article will thoroughly explore:
  • What is Das Sein (the world of facts)?
  • What is Das Sollen (the world of norms)?
  • Why are the two often not in line?
  • How does the theory of legal philosopher Hans Kelsen explain this phenomenon?
  • Concrete examples of Das Sein and Das Sollen in the context of law in Indonesia.
  • How can legal literacy help bridge this gap?