Javanese Legal Culture: Social Work Sanctions Against Traffic Violations

Abstract

Ordinary legal culture affects the level of court use that attitude will be considered true or false, useful or not when going to court and this greatly influences the decision to get a decision on the traffic violation because currently in Indonesia not to attend the trial and can be represented and on Certain jurisdictions quite come oddity and not court.This study aimed to determine the cultural values that affect the legal culture of Java societies and Javanese society culture in influencing traffic behavior on the highway. The research method used in this paper is a descriptive qualitative research method. The results showed that the Java society has a set of cultural values that assume that the behavior, attitudes, and characteristics of the Java namely: Like to budge, mingle, mutual assistance, courtesy, friendly, remember and be vigilant, shy and hesitant, ora ngaya , patient can be used as an approach to discipline traffic behavior. Therefore, by applying the Integrative Theory, any violation is sought for its social responsibility to its environment.

Keywords: Legal CultureSocial Work SanctionsTraffic Violations

Introduction

Over the past several decades, many studies have attempted to measure deterrent effect, in the form of lower levels of recidivism or accidents due to increased penalties (Walter & Studdert, 2015; De Paola et al., 2013). Many studies have demonstrated the willingness of civilians to cooperate with the police in complying with law and public confidence in legal institutions (Van Damme & Pauwels, 2016; Hough et al., 2013: Jackson et al., 2012; Van Damme, 2013). However, the lack of public transport in some areas causing allowed driving without a license (driver's license) and this is expressed Djoko Setijowarno, transportation expert from Soegijapranoto Unika Semarang that students in Belitung driving a motorcycle without a helmet and a license is not in question because of the lack of public transportation (Detik.com, accessed on October 26, 2016). Finally, November 1, 2016 has been tested ticketed Electronic cooperation between the Prosecutor and the Police in the Kediri town and Surabaya Prosecutor's Office has also conducted trials with e-banking application (Viva.co.id, accessed on November 2, 2016). The Supreme Court has issued Regulation No. 12 of 2016 that traffic violators do not need to join the session but can direct to the prosecutor because if ticketed three times, the license will be revoked or vehicle registration number will be charged an additional fee upon renewal. In line with the opinions Castillo-Manzano & Castro-Nuño (2012), that the license revocation as a road safety strategy in the global transport policy. Used to change driver behaviour and driver decisions in an effort to improve road safety (Wong, 2014) Meanwhile, according to Zambon et al. (2008) as a form of prevention with more severe sanctions until they lose their license or based on a traffic violation that has been committed (Baratian- Ghorghi et al., 2016).

The above phenomenon is in line with the development of political reform in Indonesia that causes changes in the behavioural order followed by the Government that runs the rules fairly because for most Indonesians, justice is the most important concept (Bakker & Timmer, 2014). In the era before the reforms seen traffic order is still seen in the streets and the growth rate will be the mode of transformation tend to be much discussed. After the era of reform, economic growth fairly quickly accompanied by the movement or the movement of people who are quite active so that the transportation needs higher while public transportation is less supportive, then the corresponding laws of the market there is growing means of personal transportation to support the activities of the temporary infrastructure such as the road is still difficult to follow the growth private vehicle. As a result there is a shift and social friction in public behaviour in public areas, especially on the highway which ultimately resulted in negative impacts such as traffic accidents resulting in high mortality.

To prevent high mortality occurrence caused by traffic accidents, it is necessary to be made the legal system. According to Friedman & Hayden (2017) the legal system includes three elements namely: a) structure; b) legal substance and c) culture. The legal structure elements is one of the basic and real elements of the legal system include the judiciary, the legislature and other institutions that make up and enforce the law. The structure of the judicial system looks when talking about the number of judges, the jurisdiction of the courts, the higher courts on top of the lower court and the people associated with the various types of courts. Elements legal substance composed of rules and regulations on how the institutions behave in a rule or norm in the structure of a legal system that directs the behaviour of how it should be. While the legal culture element includes human attitudes toward law and the legal system related to values, beliefs, ideas and expectations (Friedman & Hayden, 2017; Sierocka, 2014), includes three normative tradition (Lukito, 2013). Human behaviour against law and legal system will be seen from the human attitude that use the law, avoid it or abuse it (Friedman & Hayden, 2017); behaviour norms violations opposed to attitude mismatch (Van Kleef et al., 2015)

Elements realities of the legal system are the social forces or also known as legal culture. This legal culture is an abstraction, but it does not directly move the legal system. People in society have needs and make demands and all of them sometimes achieved sometimes do not reach the legal process so it depends on the legal culture. Thus, legal culture conceptions used to see the interaction between rules and institutions (Bogojević, 2013), identification range from facts about the institution elements (Nelken, 2010), typical cultural logic in the workplace (Field, 2010)

To explain the background and each effect part of the legal system takes many role legal systems elements. The first is that depending on the legal provisions applicable as an example of a traffic violation is a legal concept and every state uses a land transportation equipment must have rules in traffic. Some of these regulations limiting nature whose purpose is to prevent traffic violations. Furthermore, the decision implementation of the traffic regulations depends on the structure of the trial. Since there are no adjacent courts, expensive court fees or substantial jurisdictional complexities that diminish a person's chance to file objections. It is seen that the structure and substance of a solid form that slowly shaped by social forces in the long term. All will modify the demands that occur within ourselves and other social demands.

Ordinary legal culture affects the level of court use that attitude will be considered true or false, useful or not when going to court and this greatly influences the decision to get a decision on the traffic violation because currently in Indonesia not to attend the trial and can be represented and on Certain jurisdictions quite come oddity and not court. In other terms, the legal culture legal culture is often used to mark the differences between used legal systems and describe the different uses of community law (Nelken, 2016), legal consciousness (Grodeland & Miller, 2015) describes a relatively stable pattern of social behaviour and social attitudes, aspects of ideas, values, aspirations and mentality (Nelken, 2010). Such values overall and long-term will contribute to the shape and characteristics of the laws concerning traffic violation itself. Therefore, the attitude and the public perception of the law and the legal system is determined by cultural values. Very cultural values that he believed was to determine the attitude or actions against the law.

Each community, society or nation in the broad sense has different cultural values, resulting in an understanding of the legal culture as well as different and every society, state, community has a legal culture (Friedman & Hayden, 2017). With regard to the legal relationship between cultural values and legal culture it is necessary to observe (Cornelius, 2011):

The community will tend to obey the legal substance if the values of the substance of the law indicate conformity with its cultural values;

There was sebalikinya if the values of the substance of the law is contrary to the values of the culture so that people tend to behave in the sense of breaking ignore its legal substance. Although the law has a relationship with culture, but some scientists ignore the fact that the law depends on the culture.

It has been suggested that cultural values are believed to be a group, tribe or nation is closely related to or affect the legal culture of the group, tribe or nation concerned or in other words can said legal culture is a basic overview of the attitude or behavior of a group or tribe against law and the legal system are reflected in the form obey or ignore or abuse legal substances.

Problem Statement

The attitude and Javanese people behaviour who still adhere to customs and culture, especially in Central Java compared with the traffic people behaviour on the highway interesting to study.

Research Questions

• What cultural values influenced Javanese legal culture?

• How Javanese culture can influence the behaviour of traffic on the highway?

Purpose of the Study

This study purpose was to know:

• Cultural values that affect the Javanese legal culture

• Javanese culture in influencing the traffic behaviour on the highway

Research Methods

The research method used in this study is descriptive qualitative research methods were investigated for any factors that cause the legal culture of the Java community can support changing traffic sanctions against violators. According to Creswell (2014), a qualitative approach is an approach to construct a constructivist-based knowledge statement.

Data were collected through observations, interviews and focus group discussions. The data analysis used for qualitative data by Creswell (2014) with the data result is a word and not a set of numbers.

Findings

Conclusion

Based on the description that has been stated above, the conclusions of this study are:

Java society has a set of cultural values that assume that the behaviour, attitudes, and characteristics of the Java namely: Like to budge, mingle, mutual assistance, courtesy, friendly, remember and be vigilant, shy and hesitant, ora ngaya , patient can be used as an approach to discipline traffic behaviour.

Integrative Theory, any violation is sought for its social responsibility to its environment as follows: (1) General and special prevention, one of the main objectives of criminal offenses is to prevent or hinder the perpetrators of such crimes as well as others may have the intention to commit such crimes as a further crime; (2) Protection of society, as the punishment purpose has a broad dimension, because fundamentally it is the punishment purpose. This is narrowly described as the court's discretion to find a way through criminal prosecution in order for the public to be protected from the danger of repeat offenses; (3) Maintaining community solidarity, punishment aimed at upholding the customs of society and preventing individual retaliation.

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