Based on the theory of the effectiveness of the law, effectively or whether a law is determined by five factors:
1. The legislation
The Act in the sense of the material is generally written regulations and made by Central and Local Authorities. Regarding the enactment of such laws, there are some basic goal is to make the Act had a positive impact.
These principles include:
a. The legislation does not apply retroactively.
b. The laws that are made by the higher authorities, has a higher position.
c. The applicable laws, cancelling a law that applies.
d. Law cannot be contested.
e. Legislation is a means to achieve the well-being of the spiritual and material for the public as well as private, through preservation or reform (innovation).
2. Law enforcement
Law enforcement is the role model in the community, which should have specific capabilities in accordance with the aspirations of the community. They must be able to communicate and get the understanding of the goals, in addition to being able to perform or performed the role that can be accepted by them. There are some obstacles that may be encountered in the application of the role that should belong to the target or to law enforcement.
These impediments are as follows:
a. Limitation of the ability to put yourself in the role of other parties with whom he interacts.
b. The relative level of aspiration has not been high.
c. The Excitement is very limited to think about the future, so it is difficult to make a projection.
d. There is no ability to delay gratification of a particular needs, especially the needs of material.
e. Lack of innovative power is actually a pair of conservatism.
These impediments can be overcome to familiarize yourself with the attitudes, as follows:
a. An open Attitude towards new discoveries and experiences.
b. Always ready to accept the change after assessing the deficiencies that exist at the time.
c. Are sensitive to the problems that happened in the vicinity.
d. Continue to have as complete as possible information about its founding.
e. Orientation to the present and the future that actually constitute an order.
f. Aware of the potential that exists within him.
g. Hold on a planning and not fatalistic.
h. Trust in the ability of science and technology in improving the welfare of the human race.
i. Aware and respectful of the rights, obligations, and honor yourself and other high-end customers.
j. Cling to the decisions taken on the basis of reasoning and calculation.
There are three factors that affect the performance of important elements of the law enforcement agencies in carrying out his duties, namely:
a. Law enforcement Institutions and their various devices and infrastructure support and work kelembagaannya mechanism;
b. A work Culture that is associated with its officials, including regarding the welfare of its officials, and
c. Regulatory Device that supports both institution and performance that set the legal foundation of the material standard of work, either the law or the law of his show materially.
3. Facilities Factors
In the absence of a specific facility or facility, then there may be law enforcement will run smoothly. The means or facilities are, among others, include an educated manpower and skilled, good organization, adequate equipment, finance, and so on.
The means or facilities have a very important role in law enforcement. In the absence of the means or the facility, will not be possible to law enforcement menyerasikan the role of which should be with an actual role.
In particular to the means or facilities are shared, it is the way the mind, as follows:
a. No-held new corrected;
b. Damaged or incorrectly-fixed or corrected;
c. A less-plus;
d. The jammed-took place;
e. The backwards or degenerate-advanced or improved.
4. Community Factors
Law enforcement comes from the community, and aims to achieve peace in the community. Therefore, viewed from the side, then the community can affect the enforcement of the law. One consequence is, that neither as bad law is always associated with the pattern of behaviour of law enforcement.
5. Cultural Factors
Cultural / legal system basically consists of the values that underlie the law, values which are abstract conceptions of what is considered to be good so embraced and what is considered to be bad that avoided.
The pair acted within the law, is:
a. The value of the order and the value of peace.
b. Physical / material Values and spiritual values / morality.
c. the value of durability of teakwood / conservatism and novelty value.
c. the value of durability of teakwood / conservatism and novelty value.