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SUMBANGAN ARISTOTELES KEPADA DISIPLIN HUKUM

SUMBANGAN ARISTOTELES KEPADA DISIPLIN HUKUM

 

 

Sumbangan Aristoteles kepada disiplin hukum adalah lebih tegas karena ia mendapat ilhamnya setelah mempelajari dengan mendalam tentang hukum dan konstitusi yang ada (secara ensiklopedis).

Doktrin Aristoteles yang paling asasi adalah apa yang sejak itu mengilhami bukan saja disiplin hukum tetapi pula filsafat barat pada umumnya, adalah sifat ganda tabiat manusia sebagai bagian dari dan sebagai penguasa alam. Sebagai bagian dari alam semesta, manusia itu takluk kepada hukum jasmaniah dan segenap penciptanya, tetapi sekaligus juga manusia itu menguasai alam dengan akalnya yang memberikan kemauan/kehendak bebas kepadanya dan memungkinkannya untuk membedakan apa yang baik  dari yang jahat. Inilah, konsolidasi yang matang dari filsafat Yunani, merupakan dasar renunganhukum Skolastik seperti juga filsafat hukum alam yang rasionalistis, dari Kant, maupun Hegel, John Stuart Mill, dan Herbert Spencer, begitu pula Del Vecchio dan Kohler.

Sumbangan kedua yang besar dari Aristoteles kepada renungan hukum adalah perumusannya tentang masalah keadilan. Pembedaannya antara keadilan yang “distributif”  (membagi –bagikan) dan “korektif” (mengadakan perbaikan) atau “remedial” (memberikan pengobatan) masih tetap dasar segala diskusi mengenai persoalan hukum.

(a)  Keadilan yang distributif, mengatur pembagian barang – barang dan penghargaan kepada tiap orang sesuai dengan kedudukannya dalam masyarakat, serta menghendaki perlakuan yang sama bagi mereka yang berkedudukan sama menurut hukum. Hal ini menekankan fakta asasi, yang selalu benar, tetapi yang sering diabaikan oleh ahli – ahli filsafat hukum yang ingin membuktikan kebenaran keyakinan politik mereka, bahwa tiadalah suatu cita – cita keadilan yang dapat sekaligus diterima dalam teori dan mempunyai pula suatu isi yang tertentu (khusus). Hukum positif yang harus menentukan, berdasarkan prinsip – prinsip etika dan politik tertentu, siapa yang berkedudukan sama, menurut hukum;

(b)  Bentuk keadilan korektif adalah terutama merupakan suatu ukuran dari prinsip – prinsip teknis yang menguasai administrasi daripada hukum (pelaksanaan undang – undang). Dalam mengatur hubungan hukum perlu ditemukan ukuran umum untuk menanggulangi akibat – akibat perbuatan, tanpa memandang siapa orangnya dan maksudnya baru dapat dinilai menurut suatu ukuran obyektif. Hukum harus memperbaiki kejahatan, ganti rugi harus memperbaiki kesalahan/ penyelewengan perdata, pengembalian harus memperbaiki keuntungan yang diperoleh dengan tidak wajar. Konsepsi mengenai Themis, yaitu Dewi yang menimbang neraca tanpa memandang siapa orangnya, mengkiaskan bentuk keadilan ini. Tetapi ini (keadilan korektif) harus dipahami sebagai takluk kepada keadilan distributif.

Sumbangan terbesar Aristoteles yang ketiga adalah pembedaan antara keadilan menurut undang – undang dan keadilan alam (kodrat) atau lebih jelas bagi kita, antara hukum positif dan hukum alam. Yang pertama mendapat kekuatannya dari penetapan sebagai hukum, entah adil atau tidak adil, hal itu menjelaskan sebabnya ada bermacam – macam hukum positif.  Yang terakhir (hukum alam) mendapat kekuatannya dari apa yang didasarkan pada tabiat manusia dimana saja dan kapan saja (abadi). Ketegangan antara hukum positif dan hukum alam adalah salah satu tema pokok dari segenap filsafat hukum alam.

Sumbangan keempat yang besar dari Aristoteles adalah pembedaannya antara keadilan yang abstrak (abstract justice) dengan equity. Hukum dengan sendirinya bersifat umum dan seringkali ketat (keras/tajam), bilamana dilaksanakan terhadap sesuatu perkara yang khusus. Equity dapat mengubah dan memperlunak keketatan dalam mempertimbangkan perkara yang khusus tersebut. Semua diskusi mengenai masalah equity mengenai penafsiran peraturan dan presedent yang benar berasal dari pernyataan yang fundamental tentang masalahnya.

Sumbangan besar kelima dari Aristoteles adalah definisinya tentang hukum, sebagai suatu kumpulan peraturan yang mengikat, baik pejabat – pejabat maupun rakyat: “Hukum berbeda dari ketentuan – ketentuan yang mengatur dan mengungkapkan bentuk konstitusi, adalah peranan hukum untuk membimbing tingkah laku para penjabat dalam melaksanakan tugasnya dan untuk menghukum para pelanggar”.

Definisi inilah dimanfaatkan oleh beberapa ahli hukum modern yang menentang kekuasaan administrasi yang tak terbatas.

Banyak karya Aristoteles dibaktikan kepada definisi dan penelitian tentang negara. Dalam definisinya, kelangsungan negara dikaitkan pada type konstitusi yang mengaturnya: “Karena bilamana sebuah kota merupakan masyarakat, maka itulah suatu masyarakat para penduduknya, tetapi bilamana gaya pemerintahan harus berubah dan menjadi pemerintahan lain, maka sebagai akibatnya yang tak dapat dihindarkan, kota itu sudah tidak sama lagi seperti dahulu, begitu pula kita menganggap suatu paduan suara sedih sebagai berlainan dari paduan suara yang kocak walaupun keduanya diperani oleh orang – orang yang sama”.

Pandangan – pandangan Aristoteles mengenai negara didasarkan pada anggapan – anggapan politiknya dan kondisi – kondisi sosial dari zamannya dan dirumuskan secara bertentangan dengan ajaran gurunya, yaitu Plato. Tetapi beberapa rumusan umum merupakan dasar daripada semua diskusi selanjutnya mengenai prinsip – prinsip pemerintahan. Dalam memperkembangkan pikiran Plato, Aristoteles menggolongkan bentuk – bentuk pemerintahan terpenting sebagai berikut:

(1)  Monarki;

(2)  Aristoteles;

(3)  “Polity”;

Tiap bentuk asli itu merosot bilamana pemerintahan tidak dijalankan lagi untuk kepentingan umum, melainkan untuk kepentingan para penguasa sendiri. Bentuk – bentuk asli tadi, bilamana merosot menjadi:

(1)  Tyrani;

(2)  Oligarki;

(3)  Demokrasi;

Aristoteles juga memperkembangkan teori tentang “mixedstate” (negara campuran) yang mula – mula sudah dibayangkan oleh Plato, dimana stabilita, tercapai dengan mengimbangkan bermacam – macam kekuatan dan kecenderungan, khususnya dari pihak unsur Oligarkis, yang timbul dari kekayaan, kelahiran, pendidikan, dan pada lain pihak unsur demokratis yang didasarkan pada jumlah banyak orang. Prinsip ini merintis teori modern tentang pemisahan kekuasaan.

Jadi bila Aristoteles mengungkapkan persoalan – persoalan renungan hukum yang besar dan permanen klasik, tetapi ia juga menunjukkan batas – batas daripada renungan tentang cita – cita keadilan dan dia adalah tidak bebas dari kesalahan umum yang sama sebagaimana yang dibuat oleh para ahli filsafat hukum ialah bahwa ia menyembunyikan/menutupi kekurangan akan penanggulangan asasi dengan rumusan yang muluk – muluk. Rumusan Aristoteles untuk keadilan distributif  menjadi model bagi rumusan Romawi klasik yang berbunyi: “honeste vivere, niminem, laedere, suum cuique  tribuere”. Tetapi itu bukanlah suatu petunjuk mengenai apa yang diartikan adil atau tidak adil.

Rumusan Aristoteles mengenai “keadilan distributif” hanya mengatakan bahwa bilamana hak diberikan dan bilamana dua orang berkedudukan sama, maka hak – hak yang sama harus diberikan kepada mereka. Menurut rumusan ini, baik suatu tata hukum kapitalis maupun komunis adalah adil dan suatu tata hukum yang memberikan hak – hak politik hanya kepada orang – orang yang mempunyai penghasilan tertentu atau yang termasuk suatu keturunan atau kaum bangsawan, adalah sama adilnya seperti suatu tata hukum yang memberikan hak – hak yang sama kepada semua orang dari umur tertentu dengan tak memandang perbedaan – perbedaan lainnya. Hak istimewa apapun terjamin oleh rumus itu. Bilamana suatu tata hukum menyediakan semua hak yang mungkin bagi hanya satu orang, si penguasa, sehingga semua orang lain, yang dikuasai, hanya mempunyai kewajiban – kewajiban saja, maka tata hukum demikianpun adalah adil pula, karena perbedaan diantara penguasa dan orang yang dikuasai adalah demikian tegas, sehingga orang yang dikuasai itu tak dapat dipandang berkedudukan sama dengan si penguasa.

Sikap Aristoteles terhadap otoritas keadilan kodrat/alam dan keadilan hukum positif adalah tidak tidak tegas. Dalam bukunya Rhetoric, yang merupakan sebuah pedoman proses berperkara, ia menasehati pihak – pihak untuk memilih hukum universal bilamana hukum tertulis menentang mereka, tetapi menuntut keunggulan hukum positif terhadap hukum yang tak tertulis bilamana suatu hukum positif mendukung suatu pihak. Dalam buku Politics yang mungkin lebih dapat dipercayai sebagai uraian keyakinan – keyakinan Aristoteles sendiri, ia nampaknya menyamakan keadilan dengan hukum positif. Karena keadilan merupakan suatu kebajikan politik, negara diatur menurut ketentuannya, dan ketentuan itu, merupakan ukuran tentang apa yang adil. Dengan perkataan lain, Aristoteles rupanya menekankan keadilan yang legal atau positif yang lebih diutamakan daripada prinsip kebaikan abadi manapun.

Aristoteles telah mendahului dengan hasil karyanya semua tema dan konflik terpenting daripada renungan/pemikiran hukum barat modern, konflik antara: usaha mencari nilai – nilai mutlak dan kebutuhan/keharusan untuk memperkuat kewibawaan hukum, biarpun itu tidak adil, konflik antara: definisi hukum dalam hubungan dengan ideal/ cita – cita dan hukum yang dihubungkan dengan sumber kekuasaan; kebutuhan untuk memperlengkapi tiap sistem hukum tertulis bagaimanapun lengkapnya, dengan keadilan individual yang luwes dan kreatif yaitu equity.

Dalam konflik yang berurutan selama hampir  2500 tahun lamanya, ruang lingkup dan kemapanan sosial maupun pembahasan teknis persoalan – persoalan hukum tersebut telah berkembang dan meluas bersama – sama dengan perkembangan masyarakat. Tetapi persoalan asasi tidak berubah dan pemecahannyapun tidak memperoleh banyak kemajuan, dari semenjak para pemikir Yunani mengemukakan masalah – masalah dan konflik – konflik yang bersangkutan.

Created  and Posted By:
Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002

 

 

 

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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