PARADIGMA POSITIVISTIK DALAM ILMU HUKUM: Kritik terhadap Pandangan Teori Hukum Normatif di Indonesia

  • Indiarto Adipuspito(1*)
    Fakultas Hukum dan Pascasarjana Universitas Nusa Cendana
  • (*) Corresponding Author
Keywords: Paradigm, positivism, sociological, normative law

Abstract

Peter Mahmud stated that by acclamation the jurists agreed that legal science was not part of natural science (IPA). However, the legal science community is divided into two different views, namely those who consider law as an independent science (sui generis), among others, are embraced by Peter Mahmud and Philipus M Hadjon, while those who view the law as a social phenomenon and its sociological studies are embraced by Satjipto Rahardjo and Achmad Ali, where according to them both knowledge. itself (sui generis), among others, is embraced by Peter Mahmud and Philipus M Hadjon, while those who view the law as a social phenomenon and whose studies are sociological are embraced by Satjipto Rahardjo and Achmad Ali, where according to them both law science is not an independent science (sui generis). This paper tries to find a solution between the two opposing opinions which seem incompatible, through the study of the philosophy of science.

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Published
2020-04-01
Section
Articles