Konsep Hukum dan Keadilan dalam Pemikiran Gustav Radbruch

Abstract

This study examines the application of the concept of law and justice in Gustav Radbruch's Thoughts on the concept of law and justice offering a deep perspective that is relevant to this day. Radbruch not only sees law as a set of positive norms, but also emphasizes the importance of moral values inherent in it. The concept of the "Radbruch formula" is his significant contribution, stating that positive law that is in extreme conflict with justice cannot be considered as valid law. In his view, justice is one of the three fundamental values of law, along with legal certainty and utility. The tension between these three values is the focus of Radbruch's analysis, in which he argues that in extreme cases of injustice, the demands of justice must defeat legal certainty