The Theory of Positivism and the Judges’ Social Jurisprudence in Indonesia

Budiono, Arief, Afrida Pebriana, Lila, Rahayu, Sudi and Vivid Izziyana, Wafda (2019) The Theory of Positivism and the Judges’ Social Jurisprudence in Indonesia. VARIA JUSTICIA, 15 (2). pp. 59-64. ISSN 2579-5198

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Abstract

Positivism is a branch of philosophy, which is a source of knowledge on positive law
and based on the Constitution applied. The law-making institution makes a positive law.
The laws which have been determined and issued must be complied with by all citizens.
It is enforced, and it comes with strict sanctions. Judges have a significant role in
enforcing the aims of the law, which are certainty and justice. Apart from holding on to
the formal law (the positive law), the judges also have the capability to see the condition
in the field empirically and adjust to it flexibly. Thus, judges may have more flexibility
in deciding upon a case and in examining the real data to uphold justice. Such decisions
may be followed by other judges, which is called jurisprudence.

Item Type:	Article
Uncontrolled Keywords:	Keywords: Positivism, Social Jurisprudence, Theory of Law
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Laws
Depositing User:	Library Umpo
Date Deposited:	02 Dec 2020 06:03
Last Modified:	02 Dec 2020 06:03
URI:	https://eprints.umpo.ac.id/id/eprint/5601

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