Aliran Positivisme dan Implikasinya Terhadap Ilmu dan Penegakan Hukum

Abstract

Legal positivism has its roots in the philosophy of positivism which was originally derived from social science and then developed in legal science which resulted in a school of thought called legal positivism. Legal positivism means that the law is positive as the highest status among various norms, which consist of various actions as legal facts with their consequences which are called legal consequences. The influence of positivism is very close to law enforcement in Indonesia because Indonesia forms positive norms and is realized in the form of laws with the aim of regulating people's lives. The aim of this research is to provide an understanding of the extent of the implications of positivism for science and law enforcement. The method used in this research is a qualitative method with a normative juridical approach which will be analyzed descriptively and historically through library legal research using primary and secondary data sources. The results of this research are first, the background to the emergence of the positivist school of legal philosophy is that it reacts to the idealist school of legal philosophy put forward by the Natural Law school where this school teaches that law is based on metaphysical activities and always uses theoretical speculation. Second, the flow of positivism philosophy is a response to the inability of speculative philosophy, such as the teachings of idealism, this flow really deifies science and scientific methods. Third, the philosophy of positivism was born from empirical science which can be scientifically proven. The legal science developed by the positivist philosophy shows that law is concrete, value-free, impartial, impersonal and objective. Fourth, the influence of positivism on law and its enforcement, namely the use of law as a tool to maintain government power to continue to make that position lasting and eternal.