The concept of human life is inseparable from the law to create an atmosphere that allows humans to be protected and live side by side in peace. As provided in Article 1 (3) of the 1945 Constitution of the Republic of Indonesia states "that the State of Indonesia is a country founded on law." The consequence of the existence of these provisions is that the State of Indonesia must uphold the law and its actions must be based on laws or regulations created in regulating an order within the government including its citizens. Indonesia is based philosophically on the prevailing positive law paradigm. So this is a research study to analyze, what is the philosophical analysis of the positive legal paradigm in Indonesia from the point of view of Article 1 (3) of the 1945 Constitution.