scholarly journals Time for Punishment with Subjectivity: Study Philosophy of Law

2019 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Aditya Yuli Sulistyawan
Keyword(s):  
Law Enforcement ◽  
Legal Positivism ◽  
Legal Philosophy ◽  
Public Concern ◽  
Philosophy Of Law ◽  
Legal Cases ◽  
The Real ◽  
Legal Science ◽  
The Law

<p class="IABSSS">The dominance of legal positivism in thought and law enforcement is a reality. Saintism of legal science presents a law that is conceptualized as something that exists in sensory terms, along with its straightforward, rational, and objective nature. Law is always requested objectively. Objectivity is done by freeing the subject's mind to the legal reality that already exists as an object. Therefore, various legal cases such as the case of Asyani, Rasminah, Minah and others, are things that are easily proven as violating the law because it is a violation of the text of the article of law. Such a way of law, is now starting to become a public concern. So, when objectivity begins to be questioned, that's when the real subjectivity of asking begins to be considered - and this will be explained [only] in the study of legal philosophy, especially paradigmatic studies. This paper will discuss the possibility of subjectivity in law, which will be presented in the paradigmatic study.</p>

scholarly journals Kritik Filsafat Hukum Positivisme Sebagai Upaya Mewujudkan Hukum Yang Berkeadilan

2018 ◽  
Vol 1 (1) ◽  
pp. 82-96
Author(s):  
Islamiyati Islamiyati
Keyword(s):  
Law Enforcement ◽  
Critical Study ◽  
Causal Relationships ◽  
Natural Phenomena ◽  
Philosophy Of Law ◽  
The Real ◽  
Positive Law ◽  
The Law ◽  
Moral Teachings

The flow of philosophy of law of positivism conceives the law as ius which has experienced positive as lege or lex, and law only relates to positive law or law only. The characteristics of this flow are always fundamental to reality (reality, fact) and evidence, not metaphysical and do not explain the essence, natural phenomena are explained based on causal relationships, and are not related to morals. This is criticized by several other schools of law, such as; free law, critical law, critical study of modern law, progressive law, all of which conceive that law is not only written in law, but what is practiced by officials of law enforcement implementing the function of law enforcement. In addition, the implementation of the law is adapted to the needs of society, which can not be separated from the influence of moral teachings and values that live in society, in order to realize the real justice. Aliran filsafat hukum positivisme menkonsepsikan hukum sebagai ius yang telah mengalami positifisasi sebagai lege atau lex, dan hukum hanya bersangkut paut dengan hukum positif atau UU saja. Karakteristik aliran ini selalu mendasar pada kenyataan (realitas, fakta) dan bukti, tidak bersifat metafisik dan tidak menjelaskan esensi, gejala alam diterangkan berbasis hubungan sebab akibat, dan tidak berhubungan dengan moral. Hal inilah yang dikritik oleh beberapa aliran hukum lain, seperti; aliran hukum bebas, hukum kritis, studi kritis hukum modern, hukum progresif, yang semuanya menkonsepsikan bahwa hukum tidak hanya tertulis dalam undang-undang, melainkan apa yang dipraktekkan oleh para pejabat penyelenggara hukum yang melaksanakan fungsi pelaksanaan hukum. Selain itu, pelaksanaan hukum disesuaikan dengan kebutuhan masyarakat, yang tidak lepas dari pengaruh ajaran moral dan nilai-nilai yang hidup di masyarakat, demi mewujudkan keadilan yang sesungguhnya.  

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

Subsidies for Illegal Activities?—Reframing IUU Fishing from the Law Enforcement Perspective

2019 ◽  
Vol 22 (3) ◽  
pp. 417-438
Author(s):  
Jaemin Lee
Keyword(s):  
Law Enforcement ◽  
The Real ◽  
The Core ◽  
Iuu Fishing ◽  
The Law ◽  
Illegal Activities ◽  
Fisheries Subsidies ◽  
Real Challenge ◽  
Laws And Regulations

ABSTRACT Fisheries subsidies norms and discussions at present are based on the subsidy framework under the Agreement on Subsidies and Countervailing Measures. This approach is pertinent vis-à-vis various types of governmental subsidies provided to fisheries industries. It, however, fails to tackle illegal, unreported and unregulated (IUU) fishing, one of the core targets of the fisheries subsidies norms, because few governments ‘subsidize’ illegal activities such as IUU. As far as IUU fishing is concerned, the real challenge is not about subsidies but about how to enforce domestic laws and regulations to punish owners, operators, and fishermen engaged in such illegal activities. Future discussion of fisheries subsidies norms regarding IUU should reflect the law enforcement aspect in addition to the present subsidy aspect.

scholarly journals BRIDGING THE GAPS : A PARADIGMATIC INSIGHT INTO PHILOSOPHY OF LAW

2016 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
Erlyn Indarti
Keyword(s):  
Legal Theory ◽  
Building Blocks ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Legal Science ◽  
Insight Into

Paradigm represents a worldview that defines, for its holder, the nature of theworld, the individual's place in it, and the range of possible relationships to thatworld and its parts. It comprises of four main elements, i.e. ontology, epistemology,methodology, and methods. Within the discipline of law, there seem to be two setsof gaps separating philosophy of law's building blocks that dissociate, first, legalpractice from legal theory and, second, legal science from legal philosophy. It isthe purpose of this article, with the help of paradigmatic insight, to bridge thosegaps.Keywords: law, philosophy of law, paradigm, paradigmatic study of law

Implications of Legal Positivism of the Promotion of Children's Rights on National Law

2020 ◽  
Vol 11 (2) ◽  
pp. 661
Author(s):  
Lita A.L.W. TYESTA ◽  
Retno SARASWATI ◽  
Faisal ARIF
Keyword(s):  
Legal Protection ◽  
Children's Rights ◽  
Legal Positivism ◽  
Children’S Rights ◽  
Modern Process ◽  
Legal Science ◽  
The Law ◽  
Political Form

This article discusses the influence of positivism in the development of legal science, especially in the development of Indonesian law. Through the positivism which was introduced by August Comte, the study aims to analyze the legal positivism as a strategic-political form that is needed in terms of promoting children's rights. As a result, positivism can not only be used as a medium used to help the modern process: the law there can also be used as a means to provide legal protection for the people’s, especially for the protection of children's rights.  

scholarly journals methodological conflict between theory and philosophy of law

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Sergey S. Shestopal ◽  
Elena A. Kazachanskaya ◽  
Svetlana V. Kachurova ◽  
Evgeniy V. Kachurov
Keyword(s):  
Modern Philosophy ◽  
Ontological Status ◽  
Philosophy Of Law ◽  
Legal Science ◽  
Scientific Disciplines ◽  
The Subject ◽  
The Law ◽  
Theory Of Law

The subject of this research is the recently intensified competition in modern jurisprudence of two equally respectable scientific disciplines: philosophy of law and theory of law. The goal is to demarcate the meaning of these concepts. Their ontological status (essential significance) in relation to the existence of the law, the reflection of which they are, is also considered. Based on analysis of the existential criticism of the dominant forms of modern ideology, it is proved that the existing theories of law depend on these forms. A stable tendency in modern philosophy to return legal science to the origins of philosophical knowledge of legal reality is stated.

scholarly journals DISPARITAS PENEGAKAN HUKUM DI INDONESIA (ANALISIS KRITIS KASUS NENEK MINAH DALAM PERSPEKTIF HUKUM PROGRESIF)

2017 ◽  
Vol 16 (2) ◽  
pp. 221
Author(s):  
Murdoko Murdoko
Keyword(s):  
Law Enforcement ◽  
Public Domain ◽  
Economic Power ◽  
Court Decisions ◽  
The Real ◽  
The Poor ◽  
The Law ◽  
Sense Of Justice

<em>This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of </em>Nenek Minah is<em> ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.</em>

scholarly journals Law Enforcement and Legal Reform in Indonesia and Global Context: How the Law Responds to Community Development?

2019 ◽  
Vol 1 (1) ◽  
pp. 1-4
Author(s):  
Indah Sri Utari ◽  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Legal Reform ◽  
Law Reform ◽  
Legal Cases ◽  
Global Context ◽  
The Law

Law enforcement in Indonesia has its own complexities, as law reform which has its challenges. The first edition of the Journal of Law and Legal Reform presents ten articles relating to law enforcement and law reform in various sectors. In general, this edition tries to look at various facts that occur in the community, where in a number of legal cases considered unable to respond to rapid developments in the community.

Philosophy of Law

2011 ◽  
Author(s):  
Andrei Marmor
Keyword(s):  
Critical Analysis ◽  
Comprehensive Analysis ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Fundamental Nature ◽  
Legal Thought ◽  
The People ◽  
Normative Significance ◽  
The Law ◽  
Legal Domain

This book provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. The book argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, the book provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.

Postmodern Philosophy as a Form of Human Reaction to Legal Positivism Concerning the Criminal Justice System in Indonesia

2021 ◽  
Vol 3 (3) ◽  
pp. 268-275
Author(s):  
Zairusi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Positivism ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Law System ◽  
Human Reaction ◽  
Postmodern Philosophy

The study of Philosophy of Law is developing rapidly from time to time as we know that there are many schools of Philosophy of Law that are believed and used in a particular place, time, and adherents. Philosophy of Law, nowadays a school growing very fast is Postmodern Philosophy of Law. The postmodern flow of legal philosophy as a reaction to the flow of Positivism Legal Philosophy. Postmodernism's thinking about law is that legal truth is not particular, absolute, and objective, but relative, plural, consensual. This thinking often raises the pros and cons among experts. Therefore, this study tries to increase the flow of postmodern philosophy as a form of human reaction to legal positivism concerning the criminal justice system in Indonesia. This study uses a qualitative approach with a literature review method. The results of the study indicate that the criminal law system in Indonesia is unable to accommodate the purpose of the law, namely justice, because the criminal law system in Indonesia always considers justice based on the fulfilment of written law in which everyone applies a rule of law that is ultimately the same. Therefore, the author expresses Postmodern Philosophy as a creative legal justice breakthrough that is heterogeneous or combines various elements in everyday human life such as social, legal, cultural, psychological, political, educational, etc.

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