The development of legal science and law enforcement is one of the main issues in many countries. The focus of this writing is positivism and its implication towards legal science and law enforcement. Two problems are proposed in this writing there are the implication of positivism towards legal science and law enforcement and the development of legal science and law enforcement ideally. To analyze the problems, socio-legal concept and approach are applied. The analysis found that there is an implication of positivism towards legal science and law enforcement. The implication is more negative than positive. Legal science has turned into a practical science with scientific object limited to legal regulation (lege, lex), while law enforcement has turned into being formalistic and legalistic in nature, and no longer a search of justice and expediency. From the findings, it is concluded with a recommendation of an ideal model of legal science and enforcement, which is called integration/harmonization model. To achieve this ideal model, a change of mindset from mere formalistic-legalistic positivism into a new mindset of integration/harmonization of idealism, positivism, and sociological schools of thought is required..

Pendaftaran tanah merupakan kegiatan administrasi di bidang pertanahan yang bertujuan untuk menjamin kepastian hukum. Namun dalam pelaksanaannya, terdapat permasalahan tumpang tindih alat bukti kepemilikan hak atas tanah, ketimpangan dalam kepemilikan tanah. Tulisan ini membahas bagaimana hambatan dalam penyelenggaraan tertib administrasi pertanahan melalui kegiatan pendaftaran tanah yang berkeadilan. Metode Penelitian yang digunakan yakni yuridis normatif dengan Analisa kualitatif. Hasil penelitian menunjukkan bahwa terdapat hambatan internal dalam penyelenggaraan tertib administrasi pertanahan melalui kegiatan pendaftaran tanah yang berkeadilan berupa sumber daya manusia yang terbatas, beban kerja dari pegawai di kantor pertanahan yang tidak sedikit, serta dalam pelaksanaannya harus melihat kondisi sosial masyarakat daerah yang mempunyai karakteristik berbeda yang mendasarkan pada kearifan lokal. Hambatan eksternal masih kurang optimalnya partisipasi masyarakat, adanya masyarakat yang masih enggan untuk mengikuti kegiatan pendaftaran tanah.

There is a sense of mutual limitation that exists in a democratic state of law, which refers to a democracy that is constrained by the law in terms of both its procedure and its content. The fundamental concept of the rule of law in Indonesia, which was clearly expressed in the Constitution of 1945, cannot be divorced from Pancasila, which serves as the cornerstone of the state and the source of all legal sources. The Emancipatory State of Law provides a method of social integration in a diverse society by stipulating a place for the sovereign people to decide and determine what is best for themselves. This place allows people to decide and determine what is best for themselves. Because of this, the relationship between people's sovereignty and the law is dialectical, which is particularly important considering that Article 1 number 3 of the amendment states that Indonesia is the State of Law.

Most law enforcers in Indonesia are trapped in the influence of a narrow positivism paradigm, which views the law as limited to what is enclosed in legislation. law is considered unable to conceive justice, therefore the resulting decisions often overlooked morals. Law and morals cannot be separated in law enforcement in Indonesia due to the fact that the source of Indonesian law is Pancasila, where the values of the Pancasila philosophy are moral such as justice. In the conventional flow of legal purposes, there is a flow of ethical states that the purpose of the law is to achieve justice. This justice is based on human morality. Consequently, it is worthwhile to analyse the relationship between law and morality. Is there a moral component to law enforcement in Indonesia? In this research, the author uses a descriptive normative method. The conclusion attained is that the connection between law and morals cannot be separated, both are interrelated and need each other. Law enforcement in Indonesia is indeed influenced by the positivism paradigm, thus they tend to overlooked morals. This is contrary to the values of Pancasila. Pancasila as a source of national law, it is relevant that law enforcement officers must be moral in enforcing the law.

This study aims to find out why there is still a request for a second dispensation and how the second marriage dispensation is implemented in terms of the principle of child protection. This research is an example of empirical juridical research, which is research done in the field by looking at the laws that are in place and how they are used in people’s lives. The study’s results show that different ways of interpreting the rules in Article 7 paragraph 1 of Law 16/2019 have led to several KUA in Wonosobo still requiring prospective brides under the age of 19 to submit a second marriage dispensation, even though they are already widowed or widowers. According to the rules, a dispensation for marriage only needs to be filed once. This is because a person is considered legally competent after getting married. On the other hand, when considering the principle of child protection, filing for a second dispensation for marriage is required. This study was made so that the Religious Courts and KUA, as well as anyone else who was interested, could use it as a guide to understand how important it is to have the same ideas about applying for a second marriage dispensation.