Positive Influence: Separation of Law and Morals in the Pursuit of justice Writer in Indonesia

Abstract

The history of positive birth is a claim, criticism or resistance to the flow of idealism and within it the flow of the laws of nature. A stream of idealism assumes the truth exists in the human mind. By the positivism, the thinking is challenged because they attempt or wish to release the law's study from the metaphysical, separating the law from the moral. So what one would accomplish in a positive flow is certainty. In practice, the use of legal positivism in a modern state such as Indonesia, they stand in the way of achieving justice in Indonesia. The study aims to see and analyze how concepts of separation of law and morals in a positive flow and how a positive influence on separation of law and morals in an effort to bring about justice in Indonesia. This kind of research is normative yuridis, where the data used was secondary data obtained through literature and documentary studies. The results obtained in the study that the concept of separation of law and morals in positivism is that morals have been discussed at the time of the establishment of regulatory regulations and positive influence have led to failure in efforts to establish justice in Indonesia, where only procedural and substantiating justice cannot be achieved.