Positivism Theory in the Context of Modern Legal Thought

The theory of legal positivism plays a crucial role in the development of modern legal thought by emphasizing the importance of written and systematic norms in law enforcement. This approach is based on the assumption that the law is the product of regulations made by state institutions, as stipulated in various laws, including the 1945 Constitution, the Criminal Code (KUHP), and Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The methodology used in this study is qualitative analysis through literature studies and interviews with legal experts to explore the understanding of the application of positivism theory in legal practice in Indonesia. The results show that although positivism provides a strong framework for legal analysis and supports legal certainty, there are still significant challenges related to the application of the values of justice and morality in the legal system. This study concludes that to achieve social justice, there needs to be an integration between positivism and moral principles in modern legal practice.

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Publication Details

Journal
International Journal of Law and Society
Published
2024-10-19
DOI
https://doi.org/10.62951/ijls.v1i4.204
Primary Topic
Security, Politics, and Digital Transformation
Type
article
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article

Positivism Theory in the Context of Modern Legal Thought

Zainal Arifin Hoesein, Donny Widianto
International Journal of Law and Society
Security, Politics, and Digital Transformation
article

Positivism Theory in the Context of Modern Legal Thought

Zainal Arifin Hoesein, Donny Widianto
article en

Abstract

The theory of legal positivism plays a crucial role in the development of modern legal thought by emphasizing the importance of written and systematic norms in law enforcement. This approach is based on the assumption that the law is the product of regulations made by state institutions, as stipulated in various laws, including the 1945 Constitution, the Criminal Code (KUHP), and Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The methodology used in this study is qualitative analysis through literature studies and interviews with legal experts to explore the understanding of the application of positivism theory in legal practice in Indonesia. The results show that although positivism provides a strong framework for legal analysis and supports legal certainty, there are still significant challenges related to the application of the values of justice and morality in the legal system. This study concludes that to achieve social justice, there needs to be an integration between positivism and moral principles in modern legal practice.

International Journal of Law and SocietyVol. 1(4)
Universitas Borobudur (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Security, Politics, and Digital Transformation
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Positivism Theory in the Context of Modern Legal Thought — Zainal Arifin Hoesein, Donny Widianto · International Journal of Law and Society (2024) | TGRS Research Map | TGRS