THE SENSITIVITY OF POSITIVE LAW TOWARDS THE REALITY OF VALUES DIVERSITY IN SOCIETY: A STUDY OF POSITIVE LAW ESTABLISHMENT AND THE EXISTENCE OF JURISPRUDENCE

The paradigm of social changes that influences legal changes, has been discussed by many law experts and societies. They are attempting to explain the relationship between legal and social change in the context of law institution development history. They see law as independent and dependent variables, and emphasize the relationship between law system and other systems in the societies. Therefore, law process is seen as independent and dependent variables, namely the cause and the result of social changes. Sociology has role to answer the law problems. But in fact, normative law is not able to fulfill the people need of justice. So that, a supplement is needed to make law becomes a commander in society’s lives. To address this problem, a more comprehensive study between law and sociology sciences is needed. Sociology is the mother of social sciences and it applies empirical approcach, while law mainly studies about values that should be owned by society and it applies normative approach. However, this kind of study is logically difficult, since both of them have different internal logics. This difference leads to the establishment of sociology law study as a medium to relate logics between law and sociology. It is developed in order to solve social problems, specifically to fulfill justice needs in social life practices. The sensitivity term used in this paper is adopted from Robert B. Seidman’s term, namely the influences of social power in law process. Those socials factors (that creating social symptom) start from laws stage development, implementation, and result of expected roles. The law sensitivity reminds all conscious dogmatic law experts of the huge importance of social powers that influences the law development, since the beginning of law development stage. These social powers will always try to effectively and efficiently get in and influence every legislation process. Every issued rule undeniably creates expected result, but it depends to social powers involved.