Implikasi Aliran Positivisme terhadap Pemikiran Hukum

Abstract

Law positivism strictly separates the existing law and the law wich should have properly been existing, isolates law from its non-legal elements, and puts it in front ot he written law or regulations as a command from legal authority. Hence, separating strictly the law from its non-legal aspects will make the law lose its nature, i.e. moral values, justice and fidelity. As a result, the effect of this is that positivism and legalism cannot be maintained in social interaction of human beings.

Keywords: law positivism, implication, analytical jurisprudence