JURNAL FIAT JUSTISIA
Vol 15 No 3 (2021)

Social Reality as Legal Authenticity (Criticism of Bad Positive Laws in Legislation)

Yogi Prasetyo (Universitas Muhammadiyah Ponorogo)



Article Info

Publish Date
29 Jun 2021

Abstract

This study aims to explain social reality as the authenticity of Indonesian law and criticism of legal positivism in the legislation. This study using a literature study research method with a legal philosophy approach. Data obtained from the results of literature studies on several scientific works related to the theme of the problem. Data analysis was performed using descriptive, evaluative methods. The results of the research show that there is an incorrect understanding of the law in society. This is because the legal system used in Indonesia still refers to the legacy of the Dutch colonialists. Law is only understood as mere legislation. Apart from that, it is not considered law, such as social realities in people's lives. Laws must be written and issued by state institutions, not norms that arise from social life in society. The law's impact is dry from the social values of society so that the law is far from the sense of justice that is expected by the community. This study is expected to provide benefits to uphold the authentic Indonesian legal sovereignty that originates from the social realities of society. So that Indonesia is free from the bad influence of the legacy of the Dutch colonial legal system because the social reality of society is the original form of Indonesian law.

Copyrights © 2021






Journal Info

Abbrev

FIAT

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of articles published in FIAT JUSTISIA: Jurnal Ilmu Hukum is consist of a broad range of topic in the field of law including International Law, Civil Law, Criminal Law, Administrative Law, Constitutional Law, and other sections related to ...