Based on the theory of the effectiveness of law proposed by Soerjono Soekanto, the effectiveness of law is determined by five (5) factors:
1. Act
Act within the material definition is written regulation which is generally accepted and made by the Central legal and Regional Authorities. Regarding the enactment of the Act, there are some principles that the goal is that the Act has a positive impact. The principles include:
a. Act is not retroactive.
b. Act made by the higher authorities has a higher position anyway.
c. Act that is specific exclude general act, if the author is the same.
d. Applicable act later, cancels the earlier applicable act.
e. Act cannot be contested.
f. Act is a means to achieve spiritual and material welfare for society and private, through the preservation or renewal (innovation).
2. Law Enforcement
Law enforcement is a peer group in the community, which should have certain abilities in accordance with the people aspirations. They must be able to communicate and get a sense of the target group. In addition, they are able to do or bring the role that can be accepted by society. There are some obstacles that may be encountered in the implementation of the role that should be from the target group or law enforcement.
3. Facility and Means Factors
Without a means or a particular facility, it is impossible if the law enforcement will go smoothly. The Means or facilities include the educated and skilled human labor, good organization, adequate equipment, adequate financing, and so on. Means or facility has a very important role in law enforcement.
4. Society Factors
Law enforcement comes from community, and it aims to achieve peace in the society. Therefore, seen from a certain side, the public can influence the law enforcement. Indonesian society has a great tendency to interpret the law and even identify with the officer (in this case, law enforcement is as a private). One of the consequences is that good or bad law is always associated with a pattern of the law enforcement behavior.
5. Cultural Factors
Cultural / law system basically includes the values underlying the applicable law, the values which are abstract conceptions of what considered good to be adopted and what considered bad to be avoided. Value pairs that play a role in the law are:
a. Order and peace values.
b. Physical / material and spiritual values / morality values.
c. Permanence / conservatism and novelty value / inovatisme value.
