Jurnal Konstitusi
Vol 17, No 1 (2020)

Positivisme dan Implikasinya terhadap Ilmu dan Penegakan Hukum oleh Mahkamah Konstitusi (Analisa Putusan Nomor 46/PUU-XIV/2016)

Tundjung Herning Sitabuana (Fakultas Hukum Universitas Tarumanegara)
Ade Adhari (Fakultas Hukum Universitas Tarumanegara)



Article Info

Publish Date
06 May 2020

Abstract

This paper reveals fundamental questions about the implications of the school of positivism for science and law enforcement in the Constitutional Court. The study results show First, at the level of jurisprudence, this school understands its adherents that jurisprudence as “a normological understanding of the meaning of positive law (normological apprehension of the meaning of positive law)”. The development of jurisprudence is then carried out through the activities of studying, researching and teaching various positive laws, “which in the end the development of jurisprudence is more towards” dogmatic jurisprudence “. Second, at the level of law enforcement in the Constitutional Court, the implication of judges is to base the process of law enforcement as stipulated in the positive norms of statutory regulations. Upholding the law becomes synonymous with enforcing positive rules. Judges as legal bearers are practically proficient in reading and sounding positive law in their legal decisions. Decision of the Constitutional Court Number 46/PUUXIV/2016 related to the existence of adultery in the Criminal Code is one of the decisions that have a strong influence from this school.

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Journal Info

Abbrev

jk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...