Sociologically, law has two faces at once. These two faces are always side by side, cannot be erased as a sociological reality.
First, the face of law that is not bound by space and time, is objective, namely a structure that controls every actor, is impartial, and realizes the public interest. Second, the face of law that is bound by space and time, is subjective, namely a structure that becomes a resource for the actor's domination practices, and provides legitimacy for the choice of practice—discourse.
So during 2024, which face of law will be present in the world of public reality?
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Tracking interests
The interests of the actors are major force (determining) how the face of law is present in the world of public reality. Interests drive every actor to be political, creating power strategies through various social practices—discourse. The face of law with an objective nature will be achieved when interests make the common good the goal.
However, at the same time, the common good is just an absurdity of the adherents of social ideals in positivist theories. Because, in the historical facts of society, the common good always has to go through conflicts between the various subjective interests of actors, both individuals and groups.
"Throughout the journey of Indonesian democracy, the law has always been dragged into various subjective interests of actors as a strategy of power."
Therefore, during the journey of Indonesian democracy, the law has always been dragged by various subjective interests of actors as a strategy of power. As a result, sociologically it creates power conflicts in the arenas of social relations, especially the political arena.
It must be understood that power in the context of digital democracy, through social media, is not in one central actor, but is in a complex network of social relations of each subjective interest. Power from the subjective interests of the elite—party leaders, conglomerates, influencer social media, heads of state, legislators, meatball sellers, and so on.
Actors fight for their subjective interests in the same arena, creating a power conflict in the nation's daily life. Not in the sense of right or wrong, good or bad, because subjective interests are the autonomous rights of actors.
As in the chapter on post-2024 election political conflict, the subjective interests of the actors produce and reproduce the practices of power by empowering the law in a specific arena. For example, the case of Megawati and Joko Widodo (Jokowi) as the most prominent power conflict on the national political stage during 2024, which had started the previous year.
Both are actors, in the sense of individuals or groups and complex networks of digital actors, where law becomes a resource in their respective practices of power.
This conflict of power between subjective interests is what sways the law between objective and subjective faces. The victims of this condition are every actor, citizen, including Megawati and Jokowi.
Transformational interests
The nature of subjective conflict of interest is to win or lose, eliminate competitors to take over the contested resources. As Titus Maccius Plautus said, through Thomas Hobbes, 'homo homini lupus'. No need to be too regretful and worried.
Because, social reality is always a movement of subjective interests that are also protected by democratic norms. The most fundamental thing for the safety of the nation is not to condemn subjective interests, but to strive for the formation of transformational interests, including in the political arena.
There is no direct theoretical reference to the term transformational interest.
However, referring to the understanding in critical sociology studies, social transformation is an effort to change conditions, including the practices or actions of social actors based on the substance of democracy, such as humanity, equality, and justice. This substance of democracy organically has the potential to create new agreed interests, namely interests for the common good.
Expecting actors in power conflicts to transform interests naturally? It may be very difficult. Because empirically, actors in power conflicts tend to be trapped in a circle of revenge. Therefore, efforts to create transformational interests require two strong hands.
First, the strong hand of actors who intervene in power conflicts, for example between Megawati and Jokowi, in the form of mediation practices.
"There has been no sign of any serious mediation process from democratic actors. What is currently underway is a sharp dismemberment."
In the case of the conflict of power, both have not been read as a serious mediation process from democratic actors. What is currently taking place is a sharp disintegration, not only of democratic activists, but also of social scientists.
Associations of socio-political, legal and other scientific disciplines need to reflect on whether they can or need to become a strong hand for mediation in power conflicts?
Second, a strong hand in the form of reflective peaceful discourse practices in the democratic public space that prioritizes the necessity of non-violence in all its forms, and cuts the circle of revenge. This reflective peaceful discourse will be the foundational path, vehicle, for every subjective interest to continue to run on the consciousness of humanity. Moreover, humanity is also another side of the nature of living beings.
The 2025 resolution of the Indonesian nation needs to include transformational interests in the list of collective missions. Not only in cases of power conflicts related to elections and presidential elections, but also in other arenas of power conflicts nationally and regionally.
Transformational interests become a shared 'talisman' so that the law approaches its objective nature. Strong hands are also always needed that try to be in the middle through their mediative practices, and create a path of human consciousness so that the objective nature of the law can be approached at the closest distance, which works to create the common good.
Good morning!
The article has been published in Kompas.id