Corresponding Author: Fadhilah
Nur Ramadhani
E-mail: [email protected]
INTRODUCTION
The era of globalization brings global changes that
have a broad impact on various aspects of human life at all levels of society,
including economic, social, political, technological, environmental and
cultural. Advances in science and technology are changing people's consumption
behavior patterns. Globalization is a cultural concept that is the main focus
in social science disciplines today. The globalization process is characterized
by the tendency for regions in the world, both geographically and physically,
to become uniform in social, cultural, economic and political formats (Rosanti et al., 2022).
� Rapid
technological developments and increasingly close interconnections between
nations have created various new challenges for law enforcement, one of the
challenges that arises is the criminalization of acts that violate the
sociology of law. Sociology of law is a scientific discipline that studies
legal behavior in society. According to Soerjono Soekanto, legal sociology is a
branch of science that analytically and empirically evaluates or studies the
reciprocal relationship between law and other social phenomena (Hendarso, 2017).
Advanced technology and globalization allow the
emergence of new types of crime and facilitate law violations that were
previously difficult to occur. For example, cyber crimes such as online fraud,
identity theft, and illegal trading via the internet. Statistical data from the
National Cyber and Crypto Agency (BSSN, Badan Siber dan Sandi Negara)
recorded that there would be 370.02 million cyber attacks against Indonesia in
2022. This number increased by 38.72% compared to the previous year which
recorded 266.74 million cyber attacks. The government administration sector is
the main target of cyber attacks in Indonesia, with total attacks reaching
284.09 million (BPPTIK, 2023).
This challenge demands more adaptive and collaborative
law enforcement, involving international cooperation and increased
technological capacity to detect and prevent increasingly complex crimes. In an
effort to protect computer systems from digital attacks or illegal access, the
Indonesian government has issued regulations such as the Electronic Transaction
Information Law (UU ITE). The ITE Law not only functions as a protector of
society in the digital world but also as a common rule for people who carry out
activities in the digital world (Jahriyah et al., 2021).
Previous research by (Oktaviani &
Yumitro, 2022) found that globalization is expanding the threat of
transnational crime, which now involves children, women and even public figures
in Indonesia. Drug smugglers are difficult for the Indonesian government to
stop because of the country's geographic location which consists of various
islands. Apart from that, drug cases involving political officials and
celebrities show that in the era of globalization with advanced technology,
access to illegal drugs has become easier for them.
The findings from this research can enrich and develop
socio-legal theories related to criminalization in the era of modern
globalization, thereby providing a more comprehensive understanding of social
and legal dynamics. The aim of this research is to conduct an analysis of the
criminalization of unlawful behavior within the framework of legal sociology in
the era of modern globalization. So the benefits of this research are expected
to provide benefits in various aspects. Academically, this research can enrich
legal sociology literature and theories related to criminalization in the
modern era of globalization, providing a more comprehensive understanding of
social and legal dynamics. Practically, the results of this research can be
used as a reference for policy makers, law enforcers, and academics in
formulating more effective, fair, and inclusive policies to overcome the
challenges of criminality in the era of globalization. This research is also
expected to increase public awareness of the importance of cross-sector
collaboration in tackling increasingly complex crimes.
METHOD
This research uses
non-doctrinal research methods. Non-doctrinal research methods, also known as
socio-legal research, is an approach that combines methods from various
disciplines to produce empirical data to answer research questions related to
legal, policy, or legal reform issues. In contrast to doctrinal research which
focuses on analyzing legal texts, regulations and jurisprudential doctrine,
non-doctrinal research emphasizes empirical observations and analysis of social
data to understand how law operates in practice and its impact on society (Qamar & Rezah, 2020). The data collection technique in this research is
literature study by exploring journals, books, regulations and other
information relevant to research obtained from Google Scholar with a
publication period of 2014-2024. The data that has been collected is then
analyzed in three stages, namely data reduction, data presentation and drawing
conclusions.
RESULTS AND DISCUSSION
As social beings, humans naturally engage in interactions
with others, which include various forms of communication, cooperation and
exchange. In social life, it is important for individuals to act in accordance
with the rule of law to ensure harmony and order. The rule of law serves as a
code of conduct that helps regulate relationships between individuals and
groups, setting clear boundaries on what is considered acceptable and
unacceptable in society (Alfarisi & Hakim,
2019). By obeying the law, individuals not only protect their
own rights and interests but also respect the rights and interests of others,
which ultimately supports social cohesion. Laws also provide mechanisms to
resolve disputes and restore justice in the event of violations, thus helping
to create a stable and safe environment for all members of society (Nasution et al., 2023)
Law functions as a fixture of society to create order by
establishing rules that govern the behavior of individuals and groups in
society. These rules provide a clear framework of what is allowed and what is
prohibited, thus helping to prevent conflict and chaos (Ferdiansah et al., 2024). Laws also provide a dispute resolution mechanism,
ensuring that justice is served and individual rights are protected. With laws
in place, society can operate with a sense of security and predictability,
which in turn supports social stability and development. Through legislation,
enforcement and judicial processes, law plays a crucial role in establishing
and maintaining order and creating an environment conducive to progress and
shared prosperity (Handoyo, 2021).
Society and law are closely related and influence each
other in creating an orderly social order. Law as an instrument that regulates
the behavior of individuals and groups in society, establishes norms that must
be followed to ensure order and justice (Sujamawardi, 2018). Conversely, the law is also influenced by the values,
customs and social norms that exist in society, as legal regulations are often
structured based on social consensus regarding what is considered right and
wrong. As such, laws not only reflect social conditions but also play an
important role in shaping and directing social behavior. The dynamic
interaction between society and law ensures that the law remains relevant and
effective in responding to social change and community needs (I. A. W. K. Pratiwi et
al., 2020).
The study that organizes society and law is called the
sociology of law. Sociology of law is a branch of sociology that studies the
reciprocal relationship between law and society which includes an analysis of
how law affects social behavior and how social, cultural, economic, and
political factors affect the development and application of law. The sociology
of law focuses on how the law functions in a real social context, including how
the law is accepted, obeyed, and applied by society (Saleh et al., 2020). The
sociology of law highlights the power dynamics, inequalities and conflicts that
occur within the legal system and society. By understanding the complex
interactions between law and society, legal sociology can provide valuable
insights for policy makers, legal practitioners, and the general public to
understand and improve the effectiveness and fairness of the legal system (V. L. Pratiwi, 2023).
The development of the times marked by globalization,
technological advances, and economic changes, has had a significant impact on
the social values of society. The presence of technology has created a globally
connected modern society, with faster and wider access to information, more
efficient communication, and changes in behavior patterns and consumption
habits (Wicaksono, 2023). These changes have led to the erosion of existing
social values. This has an impact on people's behavior which has also changed,
leading to various criminal acts (Aprilia, 2022). Criminal acts are caused by various complex factors
that interact with each other. Here are some of the factors that cause criminal
acts according to (Khairani, 2019).
1. Economic factors, such as economic inequality, poverty,
and unemployment, encourage individuals to seek illegal means to make ends
meet, especially when there are no viable alternatives.�
2. Social factors, such as dysfunctional families,
association with criminal groups, and lack of social control, can influence the
norms and values adopted by individuals, increasing the likelihood of
involvement in crime. Rapid urbanization can also have a negative impact as it
is often not matched by adequate social facilities, creating neighbourhood
instability and increasing the risk of criminality.�
3. Educational factors, low levels of education and lack of
access to quality education make individuals less able to understand and comply
with applicable laws.�
4. Psychological factors such as mental disorders or past
trauma can also trigger criminal behavior by interfering with rational
decision-making processes. All these factors point to the complexity of
criminality and the need for a holistic approach in its prevention and
handling.
Efforts to prevent and overcome the criminalization of
acts that violate the sociology of law in the modern era of globalization
require a holistic approach involving various sectors and stakeholders.
According to (Panjaitan, 2018), efforts to prevent criminal acts are:
1. Legal Education and Awareness
The
government and relevant agencies need to develop effective legal education
programs and awareness campaigns, both through schools and the mass media. The
aim is to provide the public with a better understanding of legal norms, their
rights and obligations, and the consequences of violating the law.
2. Socio-economic Development
Priority
needs to be given to inclusive socio-economic development, by reducing the
economic disparities that often fuel criminality. This can be done through
public policies that support job creation, provide access to education and
health services, and economic empowerment for vulnerable communities.
3. Improving Family Structure and Social Environment
Concrete
steps must be taken to improve family structures and create healthy and safe
social environments. This could involve family support programs, provision of
adequate public facilities, and promotion of positive values in social
interactions.
4. Improved Control and Law Enforcement
Increased
control and effective law enforcement are needed to ensure justice for all
members of society. This includes strengthening law enforcement officials, an
efficient judicial system, and consistent and fair law enforcement.
5. Cross-border Cooperation and Strengthening International
Law
Facing
the challenge of increasingly globalized criminality, cross-border cooperation
and strengthening international law is essential. This involves the exchange of
information, coordination of law enforcement actions, as well as the
establishment of more effective legal frameworks to address cross-border crime.
The criminalization of violations of legal sociology in
the modern era of globalization reflects the complex dynamics between formal
legal norms and evolving social norms.�
Law serves as a tool to maintain social order, but there is often
tension between formalized law and diverse social practices in a global
society. Globalization accelerates the exchange of culture, technology and
information, which can lead to shifting social values. These changes require
laws to adapt, but criminalization processes sometimes fail to accommodate the
diversity of local cultures and norms, which can lead to resistance and social
conflict. Therefore, it is important for policymakers to consider sociological
aspects in formulating laws to be more responsive to the dynamics of society in
the era of globalization.
CONCLUSION
In the era of modern globalization, the
criminalization of acts that violate the norms of legal sociology has become an
increasingly complex and significant issue. The findings reveal that the forms
of criminalization violating legal sociological norms include drugs,
prostitution, pornography, vandalism, religious blasphemy, and white-collar crime.
These issues are significantly impacted by globalization, which brings major
changes in social, economic, and cultural structures, influencing the dynamics
of crime and law enforcement. The research indicates that the criminalization
of such acts has substantial implications for human rights, social justice, and
social interaction. Addressing these challenges necessitates a multifaceted
approach involving various stakeholders. Governments, law enforcement agencies,
civil society, and academia must collaborate to develop fair, effective, and
inclusive policies. These efforts should encompass increasing public awareness,
enhancing legal education, reforming policies, and strengthening law
enforcement institutions. By understanding and addressing the sociological
dimensions of criminal behavior, stakeholders can create more comprehensive
strategies to promote social justice and protect human rights in the modern era
of globalization.
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