The Movement of Power among the Actors Involved in the Process of Countering Hegemony on Indonesian Positive Law

S. Andika Cahya Ari Wibowo; Dwi Rukmini; Januarius Mujiyanto; Abdurrachman Faridi

Vol-5,Issue-4,July - August 2020

Author: S. Andika Cahya Ari Wibowo, Dwi Rukmini, Januarius Mujiyanto, Abdurrachman Faridi

Keywords: Counter Hegemony on Indonesian Positive Law, Hegemony as movement of power, Positive Law as a form of Hegemony.

Abstract: This study takes three law cases in Indonesia conflicting the powerful and the powerless as the subject of the study. In those cases all the suspects attempted to do counter hegemony to set them free. They employed sympathy as their counter-hegemonic device. Through employing sympathy they successfully break the positive law and gain their freedom. Hence, they succeeded to end the law hegemony which is attempted to exercise upon them. It is very likely that a successful counter hegemony will end in a new born hegemon. It is interesting to find out the possible movement of power among this old hegemon and the new one. Thus, this study is intended to explain this movement among those actors involved in the process of countering hegemony on positive law.

DOI: 10.22161/ijels.54.42