The Influence of Politics in Law Formation

In understanding the concept of politics and law in a country, it is also necessary to study the background of the social structure of society, the condition of state institutions, political, economic, cultural forces, in addition to the legal institutions themselves. The essence of law should be viewed through processes (process) and institutions (institutions) that are needed to realize the formation and enforcement of law, not only seen as a set of rules that regulate the life of the nation and state.

The current state of Indonesian society is filled with distrust of law enforcement in government institutions due to ineffectiveness in dealing with various problems of law enforcement. In accordance with this fact, it can be seen that there is an empty space for the entry of politics as a process (processprocessinstitutions) of law formation, namely statutory regulations. Institutions (

institutions

) act as a forum for a political force in the formation of law. In this case, Miriam Budiarjo argues that political power is an indicator of political ability to influence public policy, both its formation and all its consequences, as desired by the holders of political power.

Apart from the political forces that exist in an institution, there is another force that contributes and even interferes deeply with the formation and enforcement of law. The force in question is the interests of a group whose existence is recognized and guaranteed in various legal regulations of democratic countries, for example non-governmental organizations, religious leaders, professional organizations, community organizations, scientists, entrepreneurs, and so on. In fact, regulations are in place regarding the right of the public to participate in the formation and enforcement of law. The discussion above states that the public also has an influence in the formation and enforcement of law, and even has a very large space. A fact that needs to be understood is that the public's great demands for effective efforts in the formation and enforcement of law can occur if there are demands for public welfare and justice. This is because a sense of injustice and lack of public welfare can stir up opinions among the public like a snowball that is growing and dangerous if there is no legal product that can answer and accommodate these demands. However, if public opinion dominates in a government, then there is a deadly deviation, as a weakness that almost paralyzes, and not the ability to govern. The above is also certainly an important note for the