Development of an Ideal Model Based on Positivism and Its Implication Towards Legal Science and Law Enforcement

Abstract

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..

The Dichotomy of Approach in the Study of Legal Science: A Critical Review

“…The law will be ideal, conducive, harmonious, and eternal if studied based on a normative juridical or dogmatic juridical perspective (Yusriyadi, 2020). In contrast, the law will become a broken compass in the wilderness if studied based on a non-doctrinal or sociological jurisprudence perspective.…”