Utility Theory in the Purpose of Law

Jeremy Bentham, a legal expert from England, argued that law aims to realize what is useful or what is in accordance with utility (effective). The famous adage is “the greatest happiness for the greatest number”. This theory greatly glorifies legal certainty and requires the existence of generally applicable regulations, so the famous juridical slogan proclaimed by Ulpianus in Digesta emerged,lex dura sed tament scripta” or “lex dura sed ita scripta” which, when translated, means “the law is harsh, but it has indeed been determined to be so.”

The two theories above contain the same weakness, namely being unbalanced or biased. As a result of glorifying justice, ethical theory ignores legal certainty. If legal certainty is ignored, order will be disturbed. Whereas precisely with order. Justice can be realized well. Conversely, because it excessively glorifies utility, utility theory ignores justice. Precisely law can be useful, if it upholds justice as much as possible.

Based on the weaknesses of these two theories, many derivative or combined theories have emerged from these two theories, which do not emphasize justice or emphasize expediency too much.

Even today, the development of the theory of legal objectives is still ongoing. Some examples of the development of the theory of legal objectives that can be used to explore the true meaning of legal objectives include:

  1. However, the purpose of law is to create peace and prosperity in social life. Therefore, it is necessary to refer to Ulpianus' view which states: iuris praecepta sunt haec: honeste vivere, alterum non-ladere, suum cuique tribuere which, when freely translated, means "the commands of law are: to live honestly, not to harm fellow human beings, and for everyone to get their share."
  2. In discussing the purpose of law, it is also necessary to put forward Bellefroid's opinion which states "het recht beoogt de geestelijke, zedelijke en stoffelijke behoeften der gemenschaap op passende wijze te bevredigen of ook: de persoonlijkheid der mensen in het gemeenschapsleven te volmaken, d.w.z. de gemeenschap zo te ordenen, dat de persoon zijn geestelijke, zedelijke, en lichamelijke vermogens daarin ontplooien en tot hun hoogste ontwikkeling brengen” (Free Translation: law seeks to fulfill the physical, psychological and spiritual needs of its community, or also to improve the personality of individuals in social life. Thus, if it is said that society is in an orderly state, it means that everyone in that society can develop their condition both physically, mentally and spiritually).
  3. This is the true meaning and purpose of law. Law wants harmony and peace in social life. Law fills an honest and peaceful life in all levels of society.
  4. The oldest legislation known from legal studies is the legislation of Hammourabi, King of Babylonia (± 2000 BC). The intended purpose of the law in the legislation contains the provision that states "the strong should not harm the weak."
  5. The purpose of law is the version of the protection theory (protection as a symbol of justice symbolized by the banyan tree. Discovered by Minister of Justice Sahardjo to replace the western symbol of state justice which is personified by the Goddess Themis (daughter of Ouranos and Gala).