Conscience is the Failure of the Faculty of Law
Without intending to interfere further the curriculum of the Faculty of Law, basically the objective of the study of jurisprudence is a method which is usually interpreted as a written or unwritten rule that regulates how the human should do or not do so that its interests are protected from harassment or attack.
Rule is an objective view of society about what should be done or not done. Therefore, what is studied in the Faculty of Law is essentially a law that covers legal principles, legal rules in the strict sense (norm) and concrete law rules. Because the rule of law in the broad sense is related to each other and constitutes a system, then the legal system is also the target of the study of jurisprudence.
In addition to the legal and legal system of the study of law, there is the discovery of the law because the law is incomplete and unclear as it is known by the principle of Rechtswergering associated with the principle of Ius Curia Novit that a judge is prohibited from refusing a case brought to him under the pretext of the law. The law is incomplete or unclear, so it is necessary to seek and find the law, therefore it is necessary to study the method or way of finding the law.
Mastery of the objectives of the study of law science should be used in solving legal problems, because the principle purpose of studying law is to solve legal problems that occur in society so as to achieve order and peace in society. The failure of a graduate of the Faculty of Law in solving legal problems is often considered to cause new legal problems, such as in the “Radju Cases”, “Prita Cases” and “Coin Case Cases” precisely because of the output of the current Faculty of Law; More due to lack of mastery of the objectives of the study of law.
Competencies to Solve Legal Problems
Studying the law is not only able to know the sound of all the contents of the legislation. People often mean that studying at the Faculty of Law is to know the law which means to be able to memorize all the sounds of the articles in the legislation. If you only want to know the law, such as the Traffic Act, simply buy the law, then read at home, done. No need to spend long years and fees to study at the Faculty of Law.
Before the eighties, learning law was defined as an attempt to understand how to enforce the law in case of lawlessness. Not surprisingly, if Noll a legal expert believes that the science of law is the science of justice (rechtspraak wetenschap) means the study of law seen from the eyes of judges that basically contains at least three characteristics, namely: a. Related to legal event (conflict), b. The application of a norm or a rule (rule of law); and c. Resolving a conflict. “A further development in the study of law is gaining the ability to predict the likelihood of future conflicts in the event of a legal event.
Having mastered the aims of the study of law science, it is expected that a law degree master the power of legal problem solving. By mastering the ability to solve the problem, a legal scholar is able to legalize the problem (legal problem identification) in the sense of being able to separate the legal issues with other social problems such as economics, politics and so on, because in principle only legal problems can be solved by the science of law. Impossible if legal issues are solved with political science or economics. This identification capability is very important, because identification errors can cause new problems. Often in practice, legal issues are solved with politics or economics so that the settlement of legal matters is not complete.
Once the event is identified as a legal matter, concrete events will be qualified to be a legal event, to be sought for further legal problem solving through written law. This has something to do with the continental legal system or the legal codification system adopted by our country that bases the law on written laws. Then after the solution is found, it is given the law, or its right, by deciding the decision (decision making).
Competency-based curriculum is not wrong if the competence of the ability to solve legal problems have been mastered by prospective graduates of law faculty. In the Law Science Consortium formulated the general objective of legal education is to produce law graduates who are able to resolve legal issues in their social context. The fundamental thing is that the objectives of the study of law must be fully covered in forming the curriculum and in the course units. Often happens in preparing the curriculum, only given something that is considered the current trend, regardless of the basic things that must be obtained by students. As a system, legal science can be identified with trees, which have roots, stems, twigs, leaves, flowers and fruit. The science of law must be studied in its entirety and thoroughly, the student must be given substantial knowledge not only to learn what is interesting from the tree.
In addition to the competency-based curriculum, the tendency of law faculty graduates in practicing the science of law acquired, is also influenced by the prevailing system in society. So there are two factors that affect the output of the law faculty, namely the science of law it acquires and the system applicable in society. Friedmann in his book (1984) says that there are three important components of the workings of a legal system, namely the legal structure, legal substance and culture or culture in society.
According to Friedmann, to describe the performance of the components of the system, the structure is described by a machine, the substance of the law is described by what is produced by the engine, medium-kan culture portrayed by anything and anyone who decides to turn on and off and to determine how the machines are used.
It must be realized, in the framework of law enforcement (law enforcement) to create a legal state in Indonesia, is not only played by a graduate of law faculty. Therefore, the tendency of the application of the law should be viewed as a system in our society. Culture of our law is clear is Pancasila, in accordance with the shape of the State of Law of the Republic of Indonesia, as stated in paragraph four 1945 opening, that the state is based on God, humanity just and civilized, Indonesian Unity, Democracy, led by the wisdom of discretion consultative representative And social justice for all Indonesian people. The fundamental question for answering the failure of law faculty, in addition to the legal education curriculum is, has the legal culture of Indonesian society now run in accordance with Pancasila culture?
Graduates of law faculties are indeed expected to be pioneers in law enforcement. Therefore, a law scholar must really master the target of the study of law science as stock in solving legal problems in society. In addition, it must remain true to the principles of law (idée des rechts) that the law is made not to be broken but rather to provide legal certainty, create justice and to give maximum happiness to the people.