View of Socially Causal Deterministic Analysis that Causes Criminal Liability in Era 4.0

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Al-Ahkam 1

Socially Causal Deterministic Analysis that Causes Criminal Liability in Era 4.0

Hisam Ahyani

STAI Miftahul Huda Al Azhar (STAIMA) Banjar e-mail: hisamahyani@gmail.com

Muhamad Ghofir Makturidi

STAI Miftahul Huda Al Azhar (STAIMA) Banjar e-mail:muhamadghofir126@gmail.com

Farhatun Sa’diyah

STAI Miftahul Huda Al Azhar (STAIMA) Banjar e-mail: farhatsadiyah91@gmail.com

Dien Kalpika Kasih

STAI Miftahul Huda Al Azhar (STAIMA) Banjar e-mail: dienkalpikakasih@gmail.com

Haris Maiza Putra

STAI Al-Falah Cicalengka Bandung e-mail:harismaiza@staialfalah.ac.id

Abstrak

Crime and punishment in the 4.0 era are 1) a behavior, 2) a type of social phenomenon in interactions that are built between humans, 3) natural and social phenomena, 4) including interactions between people in social life, 5) considered as a process deterministic mechanics based on the law of causality. So that nowadays the study of crime and punishment in the 4.0 era needs to be developed in order to realize national development. This research method is a normative research where causal deterministics in era 4.0 are aimed at sentencing and are not only based on the concept of retributive justice alone, but also on the principle of benefits generated in the sense of aiming to prevent the recurrence of similar crimes and thereby create order and national security. The results of the study indicate that crime and punishment against socially causal deterministic challenges that lead to criminal liability in the 4.0 era is a necessity as Satjipto Rahardjo revealed that law always evolves following human development and follows the needs and values that live in humans to realize social justice for people. all Indonesian citizens, especially for society 5.0, especially in terms of digitalization through modern law as a new and renewable breakthrough and making legal paradigm changes according to the demands of the times.

Keywords: Crime and punishment, Era 4.0, Crime, Justice, Determinicstic Causal A. INTRODUCTION

Adult crime and punishment viewed from the side of historical determinism is very important as expressed by Ibn Khaldun where determinism from a historical perspective is instead considered a law of cause and effect (causality) (Bisri, 2017). Similar research by (Kabir, 2019) in his journal that the concepts of objective/physical (actus reus) and subjective/mental (mens rea) nowadays there are inconsistencies of thought so that the existence of free will makes determinism in the realm of law and also in the realm of crime. While Determinism that this is included in the category of theory that denies the existence of human freedom, meaning that legal freedom is like human rights (Iqbal, 2019).

Further, view (Bojangan, 2017) who alludes to in his research that Determinism is "reflecting on the failure of a science that reduces the truth of the data as well as by expanding its view on the development of science outside of positive law", then in processing science, Progressive Law uses a holistic approach in order to make superior legal science/ quality as a true science (genuine science) so that it can be equated with other sciences.

In contrast to the views of Prof. Satjipto Rahardjo that progressive law is formed for humans, not humans for law (Rahardjo, 2006). So in this case, legal theory always develops following human development and following the needs and values that live in humans so that theory can be said to be a fundamental study in a written work. Theory is also a tool that provides a summary of how to

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2 Vol. 18 No. 2 , December 2022 understand a problem in every field of legal science (Supriyono, 2017). Today the law needs to be equipped with the ability to utilize information technology in this 4.0 industrial era. Development in the industrial era 4.0 as it is today is that with the presence of a good legal information and communication system, the legal substance will be difficult to access by the public and be criticized for its truth and will not encourage the formation of a good legal structure and legal culture, thus referring to the values values of Pancasila, and equipped with the ability to utilize information technology in the industrial era 4.0 (Riyanto, 2020), For example, in terms of the legal aspects of protecting personal rights data, it also needs to be developed in order to realize the ideals of a just law in the 4.0 era as it is today (Astuti, 2020).

The issue of justice (including justice in law) is a problem that has been discussed long before Christ, driven by ancient Greek philosophers, who believed that justice was the soul of legal thought.

The thoughts of these philosophers also emphasized that the law, whatever its form, whether written or unwritten, must always be oriented towards justice. Justice must be one of the basic values that must be realized through law, and its embodiment is not only in the formulations of legal substance and structure, but must also be clearly reflected in law, especially in the practice of handling cases in court.

Every legal system should, in various ways, make arrangements on how to account for people who have committed crimes. It can be said in various ways because different approaches regarding the way in which a legal system formulates criminal responsibility have an influence both in concept and implementation (Lewokeda, 2018).

In addition, the concept of the rule of law in Indonesia is also influenced by Pancasila as a collection of basic values that are recognized with the Indonesian people, and become the basis for the practice of people's sovereignty, namely Belief in One Supreme God; Just and civilized humanity; The Unity of Indonesia and the People, led by wisdom in the Deliberations of Representatives; and social justice for all Indonesian people. Therefore, the importance of an in-depth study of Socially Causal Deterministics that Causes Criminal Liability in Era 4.0 needs to be explored.

B. RESEARCH METHOD

This research method belongs to the category of normative research where causal deterministic aims in the realm of punishment and is not only based on the concept of retributive justice alone, but is also based on the principle of benefits generated in the sense that it aims to prevent the recurrence of similar crimes (repetition) and thus can create National order and security in an integrated manner towards sustainable (wise) independence, especially in the field of criminal law. The main sources of this research are primary and secondary data, where the primary data is a literature review from books, journals and the internet as well as other relevant sources. While the primary source is the views of criminal experts in realizing objective and fair law in order to realize a just criminal law in Indonesia (fairtrial) and the principle of impartiality (imparsiat). This research is included in the category of library research.

C. RESULT AND DISCUSSION

1. Analysis of Crime and Punishment in Sentencing

Crime, sociologically, is one type of social phenomenon in the interactions that are built between humans. Likewise, criminal law is a field of law that is full of value-laden dimensions such as ethical and moral teachings. Criminal law cannot be separated from the morality dimension of a society, because crime is considered social because society wants it (mala per se), The correlation between law, crime and morality is implied in the provisions of Article 18B and Article 28E of the 1945 Constitution (as the constitutional basis hierarchy is below and correlated with Pancasila as the ideal basis and morality of the Indonesian nation), which declares Indonesia as a state of law. On that basis, it is only for crimes that are determined by laws and regulations as criminal acts that can be dealt with by Indonesian positive criminal law

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Al-Ahkam 3 (principle of legality) (Fajrin et al., 2020).

Crime was initially only seen as a personal or family matter. Individuals who feel themselves to be victims of other people's actions will seek revenge from the perpetrators or their families. This concept can be found in old laws and regulations, such as the Code Hamurabi (1900 BC), ancient Roman legislation. (450 BC) and in ancient Greek society like stealing a cow for a cow. This concept of vengeance is also found in the Old Testament Book, eye for eye (Situmeang, 2020).

In the 18th century, an author, later called the Classical School, was added as a reaction to legal uncertainty and injustice, as well as the arbitrariness of ancient rulers. This classical sect defines crime as an act that violates the law. His main teaching is the doctrine of the foot of the evil mark of Nurum. This means that there is no crime unless the law states that the act is prohibited. In subsequent developments, the concept of legal crime dominated many scholars of crimonology in America, especially until the mid-20th century. Several criticisms were raised against this school, among others, by (Reckless, 1971), which states that in studying crime, it must be studied within the framework of criminal law because from criminal law we can know for sure under what conditions a behavior is seen as a crime and how legislation interacts with other norm systems (Imam, 2014). In view (Vold et al., 2001) that in the problem of crime, with reference to crime which always refers to human behavior, and to social boundaries or beliefs about what is permissible, what is prohibited, what is good or bad, and everything else.

contained in the law says that there are customs and traditions.

The problem of crime and how to overcome it is always faced by every country regardless of its form and legal system. Crime issues also increasingly require the role of criminologists to contribute to their thinking in the context of crime prevention. In the face of crime, especially in an economy that has traditionally focused on corporate crime, people are starting to think of ways to prevent or reduce crime. According to academic texts, the formulation of articles related to crimes against state ideology is adjusted to current legal developments, especially the amendments to the 1945 Constitution in the field of human rights.

Academic papers argue that maintaining the prohibition on the spread of the teachings of communism and marxism is considered not to conflict with human rights (Hanur & Sari, 2021).

The point is that according to academic texts, human rights related to the rights to express opinions, associate and assemble are based on Pancasila and the 1945 Constitution and therefore must not conflict with Pancasila and the 1945 Constitution.

From several explanations regarding the understanding of crime, there will be an understanding that punishment is a form of procedure or action given to individuals or groups for mistakes, violations or crimes that have been committed in the form of negative reinforcement or suffering in the context of fostering and improving behavior so that it does not reoccur at a later date. Through punishment, it is hoped that a person or group who makes a mistake can realize their actions, so that they become more careful in taking an action. The term punishment comes from the Latin, namely punire which means to punish someone for being guilty, committing a crime or violation in terms of rewards and punishments. The word punishment in English is also equated with the term law (punishment) or torture. Meanwhile, in the Complete Indonesian Dictionary, punishment has the meaning of an official regulation that regulates. Punishment is also a punishment given to someone after he has done a negative behavior with the aim of correcting the negative behavior. The fear that arises from the punishment given has a beneficial effect on inhibiting these negative desires because if the negative behavior is repeated the same punishment will be received. Meanwhile, Elizabeth B.

Hurlock defines punishment as punishment is to impose a punishment on someone because of a violation or mistake as a reward or retaliation (punishment means rea to impose a penalty on a person for a fault offense or violation or retaliation) (Arniyati, 2014)

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4 Vol. 18 No. 2 , December 2022 The jolt of the Covid-19 Pandemic has influenced changes in social interaction in life in society, especially in the era of disruption that has dominated human life sociologically and psychologically in every movement in life, especially since the pandemic there has been a change in work culture which was originally in the conventional form, turning to online space.

because of the policy of doing work by WFH work from home. Technological advances in the era of the usefulness of technology 4.0 have become evident in their use, even though they have not completely mastered internet applications, the interaction of everyone in Indonesia, including ethical behavior in communication in the technology space, has finally caused legal problems that intersect with law enforcement of the ITE Law Number 19 of 2016 against use function. Especially in terms of digitalization in today's era, it is very important in supporting the development of the times (Ahyani et al., 2022). Everyone who is in the vortex of using technological advances must be faced with the lack of maximum legal efforts for legal protection of personal rights, including personal data that is so easily accessible by the application of internet-based technology systems. This is the responsibility of the state, namely the administrator of the Government of the Republic of Indonesia in the jurisdiction of Indonesia who gives permission to operate the owner and manager of the technology system that carries out its operations within the sovereignty of a country, which can provide strict sanctions against legal efforts to protect every citizen from criminal acts that move independently Virtual (Astuti, 2020).

When the world is in the era of digitalization in all its forms, Indonesia suddenly follows the flow of digitization. Suddenly fascinated by the convenience offered by digitization (disruption 4.0), then follow it without filtering the benefits or disadvantages. Even more worrying, suddenly following the trend of digitization so that it is considered a nation that follows civilization. This, of course, is not desired by all parties. The era of digitalization as part of the Industrial Revolution 4.0 is an era and not a trend. The era is a stage that is entered consciously, not suddenly using digital technology to become aware of it. Entering the digital era consciously requires a preparation stage, because as sophisticated as technology is, it must have positive and negative sides. Entering the digitalization era consciously, it will enable people to use technology in a positive way, but be prepared for the negative impacts that can arise from it, where the review of laws related to Financial Technology (Fintech) in Indonesia illustrates that Financial Technology (Fintech) policies are quite progressive (Tampi, 2019).

In this case (Handayani & Sulistiyono, 2020) explained that the Industrial Revolution 4.0 was what gave birth to Financial Technology (Fintech) as a new paradigm in the field of financial services, namely accelerating the provision of loan funds by utilizing automated processes and simplifying the loan process. Weak legal instruments have an impact on the occurrence of unfair business competition, one of which is in the form of a cartel. Fintech legal entities will be able to eliminate Fintech cartels and provide legal protection for consumers to get fair treatment so that they can encourage economic growth and the operation of a fair market economy. Thus the freedom of will above by utilizing information technology in the 4.0 era as it is today, it is necessary to enforce the law, especially in the field of electronic transactions so that the occurrence of crimes can be overcome.

The declining economic conditions of the Indonesian people due to reduced income and company layoffs during the COVID-19 pandemic are used as opportunities for irresponsible p2p lending fintech operators, especially illegal fintech p2p lending. Fintech p2p lending is illegal to carry out "predatory lending" or the practice of providing loans that impose conditions, conditions, interest, and/or fees that are not reasonable for the borrower as a consumer (Disemadi, 2021). The same thing as research by (Nasikhatuddini, 2021) that there was a violation committed by the lender to the loan recipient (customer), and the sanctions imposed were only administrative sanctions with the worst consequence being license revocation. Regarding this, of course, it does not provide a sense of justice to customers,

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Al-Ahkam 5

considering the crimes that have been committed, therefore the role of criminal law is very important here, by implementing sanctions related to these crimes, such as the dissemination of personal data, threats in collection, sexual harassment through electronic media, fraud and slander.

In other cases, such as in sentencing using E-Court, it is explained that the context of this research is a form of innovation in supporting credible and accountable religious courts throughout Indonesia that are better and faster and more efficient in the administration of civil cases. In the era of disruption (4.0) as it is today, which is all digital, now it is no longer offline or face-to-face, but trials can be carried out with innovations in religious courts using an online system or e-court. Innovations in the Administration of Civil Cases at the religious courts of Banjar City, West Java Province, for example, are carried out by E-Court, so that in the era of the industrial revolution 4.0 as it is today, where the majority of people use electronics, the government, in this case the Supreme Court, has taken the initiative to use a tool (e-Court).

This is to facilitate access in terms of civil administration in court (Makturidi et al., 2021).

However, in the implementation of E-court, supervision is also carried out to avoid extortionists and brokers who charge fees outside the provisions applicable to the community.

who seek justice (Ahyani, Makturidi, et al., 2021).

The challenges of the role of law and the challenges of law enforcement in facing the era of the industrial revolution 4.0 is to realize a real legal function to realize justice, legal certainty, and benefits for national industrial development and realize just and equitable welfare for all Indonesian people (Manurung & Heliany, 2019). Modern law with all its doctrines as legal metanarratives that have inherited the law in the past is now powerless when facing the flow of information technology that has given birth to cyberspace. In order for state law to be enforced in cyberspace, breakthroughs, paradigm shifts, flexibility, universal jurisdiction, harmonization and global (international) cooperation are needed (Utomo, 2017).

Today's progress through innovation in science and technology is extraordinary, as is the dramatic increase in computing power. This contributes to the improvement of business and society. At the same time, the world faces global-scale challenges such as depletion of natural resources, global warming, growing economic inequality, and terrorism. We live in an age of uncertainty, with complexity growing at all levels. Therefore, it is very important for us to make maximum use of ICT in order to gain new knowledge and create new values in order to make connections between “people and things” and between “real worlds and virtual worlds” effectively and efficiently in order to solve problems in society. , create a better life for the people, and maintain healthy economic growth. Addressing these challenges by encouraging multiple stakeholders at different levels to share a common vision of the future will be critical to realizing such a society through digitization, (Firdaus, 2020) As a result, the concept of Society 5.0 is an effort made by Japan to realize the security and welfare of Humanity.

Other things, such as the phenomenon of underage marriage by the 5.0 community, where the phenomenon of underage marriage by the 5.0 community has become a necessity, where one of the economic factors and boredom to study online like now during the Covid-19 pandemic has made many people 5.0 in Indonesia propose early marriage.(Ahyani, Bumaeri, et al., 2021) Furthermore, the solution in responding to the phenomenon of underage marriage in the 5.0 community can be done through various early prevention by parents, religious leaders, and mass organizations in order to socialize about marriage to the community through the integration of adapted technology. with the demands of the times, such as online class training for young people, especially those under 18 years old.(Bumaeri et al., 2020).

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6 Vol. 18 No. 2 , December 2022 2. Analysis of Causal Determinism in Criminal Law Accountabiliti to Realize Social

Justice in the 4.0 era

The discussion should explore the significance of the results of the work, not repeat them. A combined Results and Discussion section is often appropriate. Avoid extensive citations and discussion of published literature.

As a concrete fact, the term determination of knowledge is best approached with an illustration. The existential determination of thought can be regarded as a fact if: a) that the process of knowing really does not develop historically in accordance with immanent laws, that it does not proceed solely from the "nature of things" or from "possibilities." purely logical possibility”, and that the process is not driven by “deep dialectics”. On the other hand, the emergence or crystallization of a thought in many decisive angles is determined by a very wide variety of extra-theoretical factors. In contrast to purely theoretical factors, they may be called existential factors; b) that the influence of existential factors on the concrete content of thought is more than just a peripheral influence, if they are relevant not only to the origin but also to the forms and content of the thought. , and if they so determine the extent and intensity of the experience (Khoir, 2014). The same thing as the research launched by (Kusnandar & Humulhaer, 2021) which has been exemplified that one of the goals of national development is that the provincial government which has the character of an autonomous region is given the freedom to plan, compile, implement and supervise regional regulations in order to improve the progress of the community, living standards in line with national development goals. So that in terms of its authority covering all policies, supervising carrying out existing policies, and determining the Regional Revenue and Expenditure Budget (APBD), this is what is deterministic in terms of power, where the government issues policies according to needs.

Determinism as a view of the world as a whole actually closes the space for the existence of free will. Isaac Newton, along with classical physicists such as Einstein and Maxwell, initiated the deterministic debate. Causal determinism describes the events of the universe as an interconnected web of life. Natural and social phenomena, including interactions between people in social life, are considered as deterministic mechanical processes based on the law of causality. Human activities also depend on biological and chemical reactions of the body, which are closely related to the laws of physics, so that human free choice is only seen as a social construction, if not an illusion. Causal determinism assumes that only one event is possible in the future. According to the laws of nature, all events, including the mental processes of the brain, are continuously triggered by previous events. If present events do not occur, the past may be different from what happened or violate the laws of nature. As Peter van Inwagen said, in the context of criminal cases, if determinism is true, a person's decisions and actions are triggered by previous cases that can be traced back to the beginning. That is, the events of his birth include the formation of natural laws.

While causality (causation) is a relationship or process between two or more events or circumstances of events where one factor causes or causes another factor and causality has a long history, causality is more popular in the realm of natural science and philosophy.

Meanwhile, Daniel E. Little in his book Varieties and Social Explantion: An Introduction to the Philosophy of Social Science says that the causal theory is very suitable in carrying out social explanation although it must consider several things, namely: First, the causal theory cannot be generalized to all social situation. Second, the causal theory relies heavily on causal mechanisms that link cause and effect. Third, causal theory involves reference to beliefs and desires, forces and barriers that influence individuals in social reality. From this explanation, it is exposed that causality is actually a logic of thinking to explain an event where the incident arises because of the factors that influence it (not just one factor) (Sofian, 2020, p. 18).

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Al-Ahkam 7

Often the teaching of causality is used to explain the relationship between the norms of human behavior which can consist of legal objects and legal norms. For example, a statement that if an individual commits a crime, he must be punished, or if an individual does not pay his debts, then civil law must apply to his property, or if an individual is exposed to a contagious disease he must be quarantined in an institution. This is the basic principle of causality that links the two elements. The two elements are crime and law, civil offenses and civil executions, illness and quarantining a person. The relationship between these two elements is raised by legal authorities or in other words by human intervention. In civil law, the teaching of causality is used to discuss the limitation of liability for unlawful acts that contain causal uncertainty. Erin Brockovich's story can be used as an example, an oil company that runs its production in the vicinity of community settlements who gradually leave their homes with compensation. A few years later, people suffer from various diseases that cause death. After investigation, it turned out that the cause of the disease was pollution from the company which did not comply with the established standards (Sofian, 2020, p. 24).

The following example will make the process of asceticing a causal relationship that starts from the science of law to criminal law clearer. An event someone dies. The cause of the death of a person will be investigated, such as inhaling poison gas when the person inhales breath. The science of law will not stop there, but continues to look for the cause of the death.

The science of criminal law will take another step, namely the actions of humans who pass the gas so that the person inhales it and then dies. Therein lies the difference between the teaching of causality in criminal law and the teaching of causality in the natural sciences. In criminal law, the cause sought is not something natural, but human behavior that plays a role as the real cause. Before criminal law introduced the doctrine of causality in the 19th century, society viewed injury as the only cause of death. Then a more critical opinion emerges which says that not all acts of injuring people can result in death, but it must first be seen whether the injury according to its nature can result in the death of a person.

Meanwhile, in the view of civil law, especially those that adhere to the notion that separates criminal acts and criminal responsibility (dualistic flow), they refuse to combine causality with criminal responsibility, because both are in different scopes. Causality is part of the form of action and its consequences so that its scope is included in a criminal act. As for criminal liability, it is related to the ability to convict people so that they fall within the scope of error. Because of this, the two must be considered separate, even though a second step must be taken to impose a crime." Related to this, in the development of criminal law in Indonesia, two schools have emerged, namely dualistic and monistic. does not separate between criminal acts and mistakes. In dualistic teachings, criminal acts only include physical elements or objective elements, while mental elements or subjective elements are matters of criminal responsibility.

According to a dualistic view, criminal acts only concern the issue of prohibited acts and their consequences." The dualistic flow emerged from the causal handlungslehre teaching which focused its attention on criminal acts. According to this view, criminal acts are physical acts that are desired by the maker and the consequences are outward. Mezger argues, a causal chain of consequences driven by the will of the subject will continue until something does not end (Sofian, 2020, p. 26).

While Opinion (Huntington, 2001), explained that life is influenced by climate (human activities, human treatment of the environment), but humans tend to be passive and only accept what is happening. Where climate affects people's culture.(Barlian & Umar, 2020, p. 91), and View (Yogiswari, 2020) revealed that Science seeks the truth with research, experience (empirical) and experiment as a test. Philosophy approaches the truth by exploring common sense radically (rooted), not feeling bound by anything, hoping with its own hands, namely logic. This study will compare the thoughts of Albert Einstein and Holmes Rolston III who use a scientific approach in studying the philosophy of religion. According to Islamic criminal law,

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8 Vol. 18 No. 2 , December 2022 indirect participation (al-isytaraku bittasabubi) is an act that is against the law and must be accounted for for the benefit of mankind. Legal sanctions against perpetrators of assisting the crime of murder, according to Islamic criminal law, are ta'zir punishments, this is based on the opinion of Al-Hadawiyah scholars, Hanafiyah scholars, and Syafi'iyah scholars.

Meanwhile, according to Imam Malik, everyone present is considered helpful, even if indirectly and is threatened with qishas punishment. While the person who is not present even though he helps the murder he is only subject to ta'zir sanctions only. According to positive law, a helper (medeplichtig) is anyone who intentionally provides assistance when a crime is committed by the maker, either in the form of an opportunity (means) or information to the maker to realize the crime of murder. Meanwhile, legal sanctions according to positive criminal law for perpetrators of accompaniment to murder can be subject to a prison sentence that is reduced by one third of the maximum principal sentence. In determining the punishment for the accomplice, which is taken into account only acts that are deliberately facilitated or facilitated by them, along with their consequences (Umar & Zias, 2017).

Other things, such as criminal law policies in tackling the crime of fake news as research launched by (Maaliki & Soponyono, 2021), that Fake news or known as Hoax is currently spreading in various media. Both print media and online media. Fake news is fake news that is fabricated or distorted from the real facts. Furthermore, in terms of customary law that exists in Indonesia, that in the UN Declaration on the Rights of Indigenous Peoples and Article 18 B Paragraph 2 of the 1945 Constitution of the Republic of Indonesia, there are differences in the use of terminology for certain group units, namely indigenous peoples. The rights of indigenous peoples in the UN Declaration can only be stated if the 1945 Constitution of the Republic of Indonesia also regulates indigenous peoples, not indigenous peoples. It is necessary for the government of the Republic of Indonesia to formulate a constitutional convention by including the common perception between the indigenous peoples and the customary law communities. Please use the term indigenous peoples as included in the UN Declaration (United Nations) (Muhdar & Jasmaniar, 2021). More View (Rijal et al., 2021), explained that civil society is the ideal structure of community life that is aspired to, but building a civil society is not easy. There are prerequisites that must be met by the community in making it happen.

Coupled with technological advances in the era of the Industrial Revolution 4.o as it is today, where information can spread easily through various online media without limits in spreading hoaxes.

Development in Indonesia at this time should contain material and spiritual aspects of people's lives, which means that development includes the fields of work, creativity and taste.

Thus, development also includes and is directly related to the legal field which is one of the means to maintain the harmony and integrity of society as well as community renewal. Order and integration through law is an essential element for any form of organized political life because the state is an institution whose main function is to fulfill these ideals. In the field of legal philosophy, this mainly means an aspiration to achieve a more stable harmony between the values of order and peace, renewal with eternity, and material things with morality (Soekanto, 1977). More View (Rosana, 2014) in his research revealed that in upholding the rule of law is a human effort to achieve the required order or order. In law enforcement, the main thing is to synergize the three pillars, namely legislation, law enforcement officers, and the legal culture of the community. Public legal awareness as an embodiment of the legal culture of the community must continue to be instilled so that community compliance with the law can be continuously improved. In this legal culture, one can see a tradition of people's daily behavior that is in line with and reflects the will of the law or legal signs that have been set to apply to all legal subjects in the life of the nation and state.

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Al-Ahkam 9

Therefore, the fact that legal awareness is an important factor for everyone means that positive law or legal structures must describe clear legality (legal certainty). As a result. If the legal structure or positive law is not normal, then legal awareness is actually not a law, but merely a manifestation of the rule of law.(Maria, 2019). Furthermore, the opinion (Usman, 2015), explained that Indonesia as a state of law. This statement indicates that all actions must be based on law. affirmation of the adoption of the principle of the rule of law as stated in article 1 paragraph (3) of the 1945 Constitution. The law was formed to have a purpose, one of the purposes of the establishment of the law is to obtain legal certainty. Law in Indonesia has not yet provided legal certainty for Indonesian citizens. Several factors for the lack of law enforcement in Indonesia, which were put forward by several legal experts, can be influenced, among others, the existence of legal awareness, both legal awareness from the community and legal awareness from the government. which is quite harsh from various elements, both from the community and the government.

Other things, such as competition in the business world, view (Tinianus, 2021), explains that this causes business actors to sometimes resort to various ways to conduct unfair business competition, resulting in losses for other business actors. In cyberspace (for example, information technology) this action is often found. So it is necessary to study how the prohibition of monopolistic practices and unfair business competition against business actors in the field of information technology. Therefore, the form of market monopoly and unfair business competition in the law of information technology can be in the form of vertical integration, discrimination of business actors, taking of domain names, and other actions that can be detrimental. business competitors. The binding arrangement in the Microsoft case is a form of unfair business competition, where the software giant Microsoft is accused of violating antitrust laws by taking the Binding Agreement by linking a windows product (binding product) with internet explorer browser products (bound product). The binding was allegedly carried out in order to win a monopoly in the internet browser product market (Yusrizal et al., 2021).

In other cases, the state has an obligation to promote Indonesian national culture, one of which is to maintain and maintain traditional markets in Indonesia as a manifestation of cultural identity and one of Indonesia's national cultures. This is enshrined in the constitution based on Article 32 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. In relation to the arrangement of traditional markets in Indonesia, specific and detailed regulations relating to traditional markets are regulated by Presidential Regulation Number 112 of 2007 concerning Arrangement and Development of Traditional Markets, Shopping Centers, and Modern Stores was then followed up with Regulation of the Minister of Trade Number 70/MDAG/PER/12/2013 concerning Guidelines for Arrangement and Development of Traditional Markets, which was later updated with Minister of Trade Regulation No:

56/M/DAG /9 2014 Year 2014. However, the Minister of Trade Regulation only regulates the arrangement of modern markets. The existence of people's markets or traditional markets which are in great demand by the community to this day still causes polemics in their management, so they are often considered not so necessary. Therefore, it is very important to pay attention to the interests of the community from all levels, especially government policies in the regulation and management of emerging markets. Because the Indonesian constitution has explained that the state is responsible for providing protection and is responsible for maintaining traditional markets in Indonesia (Fahmi et al., 2021).

The role of judges in criminal law enforcement, that judges as case breaker parties play a very important role in determining the future of the law, because every judge's decision will be the center of public attention, therefore judges do not only act as mouthpieces of the law, but judges also play a role as inventors of law. (recht vinding), in accordance with the cultural values that live in society, especially the values of Pancasila. The role of judges in deciding criminal cases that can fulfill the community's sense of justice, in deciding a case the judge has

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10 Vol. 18 No. 2 , December 2022 freedom, this is in accordance with one of the elements of the rule of law which states that there is an independent and impartial judiciary. written in the law also uses conscience, namely based on the judge's belief and a sense of community justice, this is in line with the idea of a progressive type of law enforcement (Mulkan, 2021).

In terms of legal proof of research by (Karini, 2021), revealed that Grondkaart's position as proof of land tenure, where Grondkaart or block map is a document of proof of asset ownership which is an asset for an institution or company that must be protected. There are several things that are still being debated regarding the position or legality of Grondkaart itself. One of the SOEs that still uses Grondkaart as proof of ownership of its land assets is PT. Kereta Api Indonesia (Persero) or PT. KAI. Land assets of PT. KAI is a legacy of a Dutch railway company that was affected by nationalization, the land often causes disputes because of the evidence of land ownership in the form of grondkaart which is not regulated in Law Number 5 of 1960 and Government Regulation Number 24 of 1997.

International trade encourages individual countries to specialize in the production of goods in which that country has a comparative advantage. In the case of constant costs, there will be full specialization of production, whereas in the case of increasing costs there will be incomplete specialization. What needs to be remembered here is that specialization itself does not bring benefits to society unless it is accompanied by the possibility of exchanging products for other goods needed. developing countries, namely new technology. The issue of technology transfer or technology transfer from developed countries to developing countries is the most discussed topic both in scientific circles and in international negotiations between groups of developing countries and groups of developed countries. Technology transfer is seen as one of the keys to successful development in developing countries. Indonesia's dependence on international trade as the engine of the national economy is quite large. According to (Salvatore, 2007), one of the economic activities that cannot be separated from international trade is the flow of capital, both into and out of a country. If there are international trade activities in the form of export and import activities, it is likely that there will be a shift in production factors from the exporting country to the importing country due to differences in costs in the international trade process (Raspita, 2021).

Regarding Social Causal Deterministics that Cause Criminal Liability, we can see the urgency of overseeing legal policy in Indonesia, for example during the COVID-19 pandemic health emergency where one form of legal protection is the existence of legal instruments issued as guarantees of protection for the community. It is things like this that the DPR must pay attention to in carrying out its functions as mentioned above. Even so, everyone's awareness to stop the spread of Covid-19 is no less important to be emphasized to all groups.

Education related to Covid-19 needs to be conveyed to all circles of society, so that awareness is instilled to stop the spread of Covid-19. Balanced cooperation between the community and the government is very much needed in these conditions, because the government will not be able to reach the optimal point without the participation of the community (Fakhriah, 2021, p.

19).

Another thing is from the ethics of the legal profession as an effort to enforce justice in Indonesia (Tardjono, 2021). Another thing is related to legal certainty regarding the Regional Spatial Plan of a certain city or district in Indonesia (Rosari, 2021). Another example is the implementation of remission for female prisoners as one of the rights in the correctional system (Yanto et al., 2019). In order to realize the law in Indonesia towards justice, it can also be done through Restorative Justice as an alternative to solving corruption crimes that harm state finances. Restorative justice also fulfills the value of justice and legal benefits in order to fulfill the value of legal certainty. In the future, it is necessary to formulate special regulations regarding the concept of restorative justice in the settlement of corruption crimes that are detrimental to state finances (Lasmadi & Sudarti, 2021). The problems of implementing

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Al-Ahkam 11

diversion for children in conflict with the law, as researched by (Kasuma et al., 2020), explained that at the level of legal institutions, understanding of diversion, coordination with the city government is still weak. At the city government level, the program for diversion has not been designed more specifically, and at the community level, understanding of restorative justice is still very minimal. Diversion in Child Friendly Cities has not been implemented effectively as a program that involves the participation of all parties in an integrated manner. So that causal determinism in criminal legal liability can be used as a means to realize social justice in Indonesia.

Other things, such as in terms of law enforcement of criminal acts against labor law as a protection for labor wages, that in this case as a regulator, the government protects workers' rights to a decent wage by regulating criminal sanctions against parties who violate the provisions regarding wages. This provision can be found in Article 185 (1) in conjunction with Article 90 (1) of Law Number 13 of 2003 concerning Manpower which specifically regulates wages.(Yo’el & Anshori, 2019) In terms of Determinism which makes freedom of will but need legal certainty in Indonesia, one of them is in terms of criminal responsibility of business agents for promoting celebrity products (Celebrity Endorser), where in this case if business actors upload videos that are misleading and have the potential to harm consumers, which are made by selebgram, then the business actor is responsible for the upload. On social media, each user is responsible for their own account activity (Octarina et al., 2020). So that causal determinism in criminal legal accountability (social media) can be used as a means to realize social justice in Indonesia.

In another case, it is related to the Criminal Liability of Prostitutes, where in Indonesia Since localization in one city in Indonesia was closed by the local government, it is clear that the practice of prostitution continues in secret as happened in the case of prostitution by certain elements. So that in this case the perpetrators are guilty based on Chapter 2 paragraph (1) of the Law of the Republic of Indonesia Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons (UU PTPPO) (Alanda et al., 2019). In addition, in the midst of a pandemic like now, criminal acts also have the opportunity, for example in the case of the covid-19 pandemic, it is reviewed from the perspective of constitutional law, where many countries are hesitant to decide which legal instruments will be used to overcome the crisis due to the Covid-19 pandemic. Some choose to establish a state of emergency based on the constitution, while others use the existing law on disasters or health crises, implement new laws, and issue another policy of enforcing community restrictions, namely PPKM. The declaration of a state of emergency allows the state to deviate from the rule of law. Therefore, the determination of the emergency status has the potential to be misused. So in this case the Indonesian government chose to use Health Emergency in Law 6 of 2018 and Non-Natural Disaster Emergency in Law 24 of 2007 to deal with the Covid-19 Pandemic regardless of Article 12 of the 1945 Constitution which regulates the provisions of constitutional emergency.

The emergency status does not fully involve Article 12 of the 1945 Constitution as the basis for its formation. Thus, the term emergency is not an emergency as referred to in the study of emergency constitutional law (only de facto not de jure). Although there are restrictions, this certainly does not apply to basic rights, especially for non-derogable rights (Ainuddin, 2021).

In other cases, such as in the case of Notary law, that in Indonesia related liability in the field of civil law is based on unlawful acts according to Article 15 UUJN in conjunction with Article 1365 of the Civil Code (KUHPerdata) with the burden of proof to the plaintiff for a deed that has decreased from An authentic deed becomes an unregistered deed based on wrongdoing, compensation, and causal relationships in unlawful acts and acts between the notary and the injured party . While liability in criminal law based on the law is completely wrong, there is intentional and negligence. Liability for criminal acts, such as falsification of letters or documents, in accordance with Article 263 and Article 264 of the Criminal Code and

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12 Vol. 18 No. 2 , December 2022 embezzlement if violating Articles 372, 374 of the Criminal Code or false statements under oath in accordance with Article 242 of the Criminal Code. The obligation to keep protocols and deeds as part of their obligations in accordance with Article 16 paragraph (1) letters b and e of the UUJN in conjunction with Articles 63, 65 and Article 63 paragraph (5) of the UUJN (Law Concerning Notary Positions) (Budiansyah, 2016). So that causal determinism in criminal law liability as mentioned above can be used as a means to realize social justice in Indonesia.

Research by (Hiariej, 2019), explained that the Government of Indonesia has ratified the United Nations Convention Against Corruption ['UNCAC'] through Law no. 7 of 2006.

However, Indonesia's Anti-Corruption Law has not been able to synchronize with UNCAC.

On the one hand, corruption has become a massive issue in Indonesia, but on the other hand, the existing Corruption Eradication Law is not in accordance with the relevant international instruments. Therefore, the implementation of UNCAC becomes more urgent. In addition to the need for efficient and effective eradication of corruption, UNCAC also calls for the need for international cooperation against corruption. Furthermore, in terms of the Lex Specialis Systematic Principle and Tax Criminal Law (Hiariej, 2021), revealed that one of the characteristics of the principle of law is dynamic so that it can be adapted to the times.

Likewise, the principle of lex specialis derogat legi generali which has developed theoretically.

One of the derivatives of the lex specialis derogat legi generali principle is the lex specialis systematis principle. In the context of criminal law, it is known the division according to the sources of criminal law which gave birth to general criminal law and special criminal law. One of the oldest special criminal laws is the tax criminal law which theoretically meets the criteria as a systematic lex specialis. More details about the results of the Socially Causal Deterministic Analysis that Cause Criminal Liability can be seen in Figure 1.1 below:

Figure 1.1

The Result of Socially Causal Deterministic Analysis That Causes Criminal Liability

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Al-Ahkam 13 D. CONCLUSION

Crime and punishment in the 4.0 era is a social behavior of free will and is needed in order to uphold the truth and be responsible for the law and morals. This crime and punishment is also included in the category of metaphysical belief in Cartesian dualism (physical and non-physical) or in general is folk psychology, where crime and punishment in punishment is an attempt to fulfill responsibility for actions (criminal) which this is community social practices in order to realize the values of order, the values of expediency and also to enforce legal certainty in Indonesia.

Regarding the current criminal law doctrine in Indonesia, it is relevant to the people in Indonesia, which in fact the majority are Muslim, but Islamic law in Indonesia is only a creed. And what is prioritized is positive law that is in line with moral, cultural, economic and political concepts that form the order of people's lives in Indonesia. The concept of law embraces folk-psychology in which all actions are weighed ethically even by people who believe in causal determinism. The general public, and law, do not use the folkphysics paradigm (like scientists or philosophers) in law.

While causality, proposed by both classical physics and contemporary science, is only a new scourge; legally no different from external determinations that are known in advance by the community, such as economic, political, social and cultural structures. The purpose of punishment is not only based on the concept of retributive justice, but also based on the consequentialist principle of utility, in the sense that punishment is intended to avoid the potential recurrence of similar crimes, thereby creating order. Following the logic of causal-determinism, thus, the law participates in determining causality (preventive) in society.

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