PENERAPAN BEBERAPA TEORI FILSAFAT HUKUM DALAM UPAYA MEWUJUDKAN HUKUM YANG ADIL DI LINGKUP MASYARAKAT

Abstract

Legal philosophy is very much needed both to analyze and study every problem that is based on society and requires a solution. It is not surprising that legal philosophy is starting to be produced by legal experts, both theoretically and practically, who every day face problems related to social justice in society. In Indonesia, court/judge decisions are generally influenced by positivist legal philosophy, which is characterized by the fact that court/judge decisions must prioritize legal certainty in the sense of conformity of the judge's decision with written law or statutes. However, as time goes by or the development of schools that allow judges to make legal discoveries, here we can also see the influence of the legal philosophy of Freirechtslehre (free legal teachings) in court/judge decisions. In this case, the public does not understand well what procedures are binding in enforcing decisions or granting decisions, where the judge's decision making is based on positivism. Meanwhile, according to the community, they hope that the law will provide God's version of the concept of justice, which means they must punish or criminalize former M as the former principal of SMAN 7 Mataram, because according to the community, the former.