Positive Influence: Separation of Law and Morals in the Pursuit of justice Writer in Indonesia
DOI:
https://doi.org/10.47814/ijssrr.v6i1.933Schlagwörter:
Positivism; Law and MoralsAbstract
The history of positive birth is a claim, criticism or resistance to the flow of idealism and within it the flow of the laws of nature. A stream of idealism assumes the truth exists in the human mind. By the positivism, the thinking is challenged because they attempt or wish to release the law's study from the metaphysical, separating the law from the moral. So what one would accomplish in a positive flow is certainty. In practice, the use of legal positivism in a modern state such as Indonesia, they stand in the way of achieving justice in Indonesia. The study aims to see and analyze how concepts of separation of law and morals in a positive flow and how a positive influence on separation of law and morals in an effort to bring about justice in Indonesia. This kind of research is normative yuridis, where the data used was secondary data obtained through literature and documentary studies. The results obtained in the study that the concept of separation of law and morals in positivism is that morals have been discussed at the time of the establishment of regulatory regulations and positive influence have led to failure in efforts to establish justice in Indonesia, where only procedural and substantiating justice cannot be achieved.
Downloads
Veröffentlicht
Ausgabe
Rubrik
Lizenz
Authors retain copyright of their published work and grant the International Journal of Social Science Research and Review (IJSSRR) the right of first publication.
Articles published in IJSSRR are distributed under the terms of the Creative Commons Attribution 4.0 International License (CC BY 4.0), which permits use, distribution, and reproduction in any medium, provided that the original work is properly cited.
Authors are permitted to share, archive, and distribute the published version of their work, provided that proper acknowledgement of the original publication in IJSSRR is given.