Legal Literacy - Law is a product of politics. In accordance with this understanding, a question arises. Does this mean that the law obeys political will? In order for the analysis to be carried out objectively, this article will be written normatively accompanied by facts that have occurred in Indonesia.

Law as a Product of Politics

An endless debate indeed if we look at the extent to which politics plays a role and influences the formation of a law. Theoretically, law and politics are two aspects that cannot be separated because there is a causal relationship. Referring to Moh. Mahfud MD's answer to this, he stated 3 different answers. First, politics is determinant of law. Law is the result of political interests, meaning that political action is more dominant in the formation of law.

Second, law is determinant of politics. All political actions must be subject to and comply with applicable legal regulations. Third, the causality between law and politics is a state system that has an equal and balanced position. This means that, even though law is the result of political interests, if there is a law, all political actions must be subject to and comply with these legal regulations.

Discussions related to subsystems in society depend on perspective only. Factually, politics and law are always seen as a hierarchical subsystem, where politics is always determinant of law. Moreover, if in context, law is a product of politics. This view is in line with adherents of legal positivism such as Hans Kelsen.

It is different with the view of law and politics according to the historical school of legal science, which views law not only as a written study rule, but also seen from the level of implementation of the law itself which develops in society. Thus, this view places that philosophically, law depends on whether or not it is accepted in society. Therefore, the problem of law enforcement in Indonesia should be seen from various approaches. What happens is that there are various differences in perspective on law enforcement efforts, causing dissatisfaction in society.

Therefore, in the formation and even changes to the law, is it true that politics is determinant of law or vice versa?