Penerapan Positivisme Hukum Terhadap Asas Keadilan Dalam Putusan Pengadilan

Abstract

Indonesian law is strongly influenced by the flow of legal positivism or often called positive law. Due to the influence of the Dutch colonial government which was later unified into an Indonesian legal product. Therefore, the flow of legal positivism becomes a positive legal norm in a legislative product. In its enforcement, there is a paradigm for a court decision which makes the law regulated according to the needs of the authorities rather than the interests of the public. As is the case regarding the decision handed down by the Constitutional Court regarding the Job Creation regulations with the Constitutional Court's decision granting the request for the age limit for presidential and vice-presidential candidates. And this was followed by presidential regulations regarding ministerial presidential elections so that mayors do not have to resign if they take part in the presidential election. So it is clearly seen from the court decision that Indonesia adheres to the flow of legal positivism with the court decision. Where the rejection of the job creation law which is rejected and demonstrated by millions of people is difficult to grant. In comparison, someone who submitted a request to determine the age limit for presidential or vice presidential candidates with the existence of a ruling interest was granted by the Constitutional Court and after being investigated they turned out to be related. In the end, it created problems with the decision of the Constitutional Court (MK). The aim of this research is in court decisions which are regulated in the formation of statutory regulations and in court decisions applying the principles of justice. This writing method was created using a normative juridical method. With this method, you can find out whether court decisions in the legal positivism school have principles of justice. Don't let the law be used as a tool only to be created for the interests of the authorities or groups. Basically there are three objectives of law: the first is certainty, justice and expediency. The existence of legal certainty in the formation of statutory regulations must have a juridical aspect to guarantee certainty that the regulations made must be followed by anyone. Secondly, justice refers to balance, equality and equal treatment before the law. The third benefit is providing broad benefits, for the benefit of society, nation and state.