Definition of Law as a Tool of Social Engineering

PERTANYAAN

I often hear the term ‘law as a tool of social engineering’, but I don't understand what it means. I wish Hukumonline team could please explain the meaning and examples of the concept of law as a tool of social engineering.

INTISARI JAWABAN

Law as a tool of social engineering can be interpreted as law as means of social control. This concept was born from Roscoe Pound's theory on sociological jurisprudence as a reaction to the teachings of classical formalism. Then, what are the applications and examples of law as a tool of social engineering?

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ULASAN LENGKAP

This article is an English translation of Arti Law as a Tool of Social Engineering, written by Nafiatul Munawaroh, S.H., M.H, and published on Thursday, 25 May 2023.

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The Concept of Law as a Tool of Social Engineering

In simple terms, the meaning of the law as a tool of social engineering is the law as a tool to reform or engineer society. The term law as a tool of social engineering was coined by Roscoe Pound which means law as means of reforming society where law is expected to play a role in changing social values in society.[1] Law as a tool of social engineering can also be interpreted as the law as means of social control.[2]

The concept of law as a tool of social engineering was born from Roscoe Pound's theory on sociological jurisprudence as a reaction to the teachings of classical formalism which views legal science as included in the class of exact sciences, where law works on the basis of cause-and-effect findings. The jurists, through analyzing cases in the library, ideally could easily find the relationship between a legal act (cause) and what would be the legal effect.[3]

On the teaching of classical formalism, Pound argues that there is a functional relationship between law and society through his idea of law as means of social control. The function of law as a tool of social engineering, according to Pound, is that law can maintain stability and balance in society.[4]

The concept of law as a tool of social engineering by Satjipto Rahardjo was reformulated by using Emile Durkheim's views on the relationship between the quality of community solidarity and the legal system used. Durkheim distinguishes between societies with mechanical solidarity and societies with organic solidarity.[5] What is the difference?

Societies with mechanical solidarity are based on the togetherness of their members. To maintain togetherness in a mechanical solidarity society, a repressive legal system applies.[6]

Unlike a society with mechanical solidarity, a society with organic solidarity is a society based on the individuality and freedom of its members. To maintain the continuity of an organic solidarity society, it uses a restitutive legal system that provides freedom for each individual to relate to each other according to their own choices. Meanwhile, the law only seeks to achieve a balance between the interests of the parties who enter into the relationship.[7]

According to Satjipto, Durkheim's theory provides the basis for the possibility of using a legal system to achieve or maintain the desired society. Satjipto then gave the definition of law as a tool of social engineering as the conscious use of law to change society.[8]

In Satjipto's theory, the law can be used as an instrument that is used consciously to achieve certain goals. What is clear is that the process will be quite long and the effects caused can be a chain effect. In such a situation, the law can be classified as a prime mover factor, which provides the first impetus (encouragement) systematically.[9]

Also read: Schools in the Sociology of Law

Example of Law as a Tool of Social Engineering

In the 1954 United States Supreme Court decision, it is stipulated that racial segregation in government schools was unconstitutional. This stipulation can be categorized as social engineering because it aimed to create change in society, namely to change the morality of the American people who disliked having whites and blacks in the same school.[10]

Indeed, in a short time, the decision could not immediately erase white prejudice against blacks. The decision made the subsequent legal treatment of black people effective, as it encouraged the widespread application of individual rights, such as the right to education and employment.[11]

The example above is an application of what Satjipto meant, the law as a prime mover that can cause a chain effect. The example is also evidence that law can function to maintain stability and balance in society as referred to by Pound.

These are the answers we can provide, we hope you will find them useful.

Reference:

1. Martha Ari Safira. Law is a Tool of Social Engineering dalam Penanganan Tindak Pidana Korupsi di Indonesia Ditinjau dari Hukum Islam dan Perundang-undangan di Indonesia. Kodifikasia, Vol. 11 No. 1, 2017;
2. Satjipto Rahardjo. Ilmu Hukum. Cetakan Keenam. Bandung: PT Citra Aditya Bakti, 2006;
3. Soetandyo Wignjosoebroto. Pergeseran Paradigma dalam Kajian-Kajian Sosial dan Hukum. Malang: Setara Press, 2013.

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[1] Martha Ari Safira. Law is a Tool of Social Engineering dalam Penanganan Tindak Pidana Korupsi di Indonesia Ditinjau dari Hukum Islam dan Perundang-undangan di Indonesia. Kodifikasia, Vol. 11 No. 1, 2017, p. 187.

[2] Soetandyo Wignjosoebroto. Pergeseran Paradigma dalam Kajian-Kajian Sosial dan Hukum. Malang: Setara Press, 2013, p. 126.

[3] Soetandyo Wignjosoebroto. Pergeseran Paradigma dalam Kajian-Kajian Sosial dan Hukum. Malang: Setara Press, 2013, pp. 126.

[4] Soetandyo Wignjosoebroto. Pergeseran Paradigma dalam Kajian-Kajian Sosial dan Hukum. Malang: Setara Press, 2013, pp. 126-127.

[5] Satjipto Rahardjo. Ilmu Hukum. Cetakan Keenam. Bandung: PT Citra Aditya Bakti, 2006,  p. 207.

[6] Satjipto Rahardjo. Ilmu Hukum. Cetakan Keenam. Bandung: PT Citra Aditya Bakti, 2006, p. 207.

[7] Satjipto Rahardjo. Ilmu Hukum. Cetakan Keenam. Bandung: PT Citra Aditya Bakti, 2006, p. 207.

[8] Satjipto Rahardjo. Ilmu Hukum. Cetakan Keenam. Bandung: PT Citra Aditya Bakti, 2006, p. 208.

[9] Satjipto Rahardjo. Ilmu Hukum. Cetakan Keenam. Bandung: PT Citra Aditya Bakti, 2006, p. 209.

[10] Satjipto Rahardjo. Ilmu Hukum. Cetakan Keenam. Bandung: PT Citra Aditya Bakti, 2006, pp. 209-210.

[11] Satjipto Rahardjo. Ilmu Hukum. Cetakan Keenam. Bandung: PT Citra Aditya Bakti, 2006, p. 210.