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HUKUM DALAM CENGKRAMAN  KEKUASAAN

HUKUM DALAM CENGKRAMAN  KEKUASAAN

 

HUKUM  dan KEKUASAAN  merupakan 2 (dua)  hal yang berbeda namun saling mempengaruhi satu sama lain. Hukum adalah suatu sistem aturan – aturan  tentang perilaku manusia yang pantas (ajeg) . Hukum tidak merujuk pada satu aturan tunggal, tapi bisa disebut sebagai kesatuan aturan yang membentuk sebuah sistem. Sedangkan kekuasaan adalah kemampuan seseorang atau suatu kelompok untuk mempengaruhi perilaku seseorang atau kelompok lain, sesuai dengan keinginan orang atau kelompok orang yang mempunyai kekuasaan tersebut.

Hukum dan kekuasaan saling berkorelasi atau  berhubungan bahkan saling mempengaruhi satu dengan yang  lain. Kekuasaan memerlukan  sebuah “LEGITIMASI HUKUM” agar dapat memperebutkan dan mempertahankan kekuasaan atau KEKUASAAN POLITIK.

Menurut Lasswell dan Kaplan, “kekuasaan adalah hubungan atau relasi antara seseorang atau kelompok terhadap kelompok lainnya dimana salah satu individu atau kelompok mampu mendeterminasi pengaruh yang lain”.

Kekuasaan adalah salah satu sarana yang paling banyak digunakan dan yang paling bervariasi dalam politik. Secara gamblang dapat disebutkan bahwa apabila tujuan utama suatu kebijakan politik adalah memperoleh dan mempertahankan kekuasaan, maka dalam konteks ini kekuasaan yang dimaksud adalah POLITIK KEKUASAAN.

Politik (dari bahasa Yunani: politikos, yang berarti dari, untuk, atau yang berkaitan dengan warga negara), adalah  proses  pembentukan dan pembagian  kekuasaan dalam  masyarakat  yang antara lain berwujud proses  pembuatan keputusan,  khususnya  dalam  negara.  Pengertian  ini merupakan upaya penggabungan  antara  berbagai  definisi  yang  berbeda  mengenai  hakikat  politik  yang  dikenal  dalam  ilmu politik. Politik adalah seni dan  ilmu untuk  meraih  kekuasaan secara  konstitusional  maupun nonkonstitusional.

Kekuasaan dari akar kata kuasa dan politik yang berasal dari bahasa Yunani  Politeia (berarti kiat  memimpin kota  (polis)). Sedangkan kuasa  dan kekuasaan  kerap dikaitkan  dengan kemampuan untuk membuat gerak yang tanpa kehadiran kuasa (kekuasaan) tidak akan terjadi.

Politik berasal dari bahasa Belanda politiek dan bahasa Inggris politics, yang masing-masing bersumber dari bahasa Yunani τα πολιτικά (politika – yang berhubungan dengan negara) dengan akar katanya πολίτης (polites – warga negara) dan πόλις (polis – negara kota). Secara etimologi kata “politik” masih berhubungan dengan polisi, kebijakan. Kata “politis” berarti hal-hal yang berhubungan dengan politik. Kata “politisi” berarti orang-orang yang menekuni hal politik.

Perspektif atau pendekatan sistem melihat keseluruhan interaksi yang ada dalam suatu sistem yakni suatu unit yang relatif terpisah dari lingkungannya dan memiliki hubungan yang relatif tetap diantara elemen-elemen pembentuknya. Kehidupan politik dari perspektif sistem bisa dilihat dari berbagai sudut, misalnya dengan menekankan pada kelembagaan yang ada kita bisa melihat pada struktur hubungan antara berbagai lembaga atau institusi pembentuk sistem politik. Hubungan antara berbagai lembaga negara sebagai pusat kekuatan politik misalnya merupakan satu aspek, sedangkan peranan partai politik dan kelompok-kelompok penekan merupakan bagian lain dari suatu sistem politik. Dengan merubah sudut pandang maka sistem politik bisa dilihat sebagai kebudayaan politik, lembaga-lembaga politik, dan perilaku politik.

Selain uraia tersebut diatas, tindakan dari pengadilan adalah sebuah tindakan kemauan yang ditujukan pada tingkah laku dari suatu badan yang lain, badan eksekutif, dan dengan demikian adalah sebuah tindakan memerintah (komando, act of command). Makna subyektif dari setiap tindakan memerintah adalah sebuah “keharusan” (ought).

Pemerintah adalah organisasi yang memiliki kekuasaan untuk membuat dan menerapkan hukum serta peraturan perundang – undangan  di wilayah tertentu. Ada beberapa definisi mengenai sistem pemerintahan. Sama halnya, terdapat bermacam-macam jenis pemerintahan di dunia.

Hukum  adalah sistem yang terpenting dalam pelaksanaan atas rangkaian kekuasaan kelembagaan.  Administratif hukum digunakan untuk meninjau kembali keputusan dari pemerintah, sementara hukum internasional mengatur persoalan antara kedaulatan  negara dalam kegiatan mulai dari perdagangan, lingkungan, peraturan atau tindakan militer. Filsuf Aristotles menyatakan bahwa “Sebuah supremasi hukum akan jauh lebih baik  dibandingkan dengan peraturan tirani yang merajalela.”

 

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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