Adhari, Ade and Sitabuana, Tundjung Herning and Aprilia, Indah Siti Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System. UI.
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Abstract
This study investigates the moral position according to naturalism, positivism, and interpretivism perspectives
along with the adjustment of the positivist view of morality within the law; and the moral position in
Indonesia’s national legal system as every country has its own legal reasoning pattern about morality in the
law. The content of this paper is analyzed using qualitative methods and secondary data analysis. normative
juridical legal research method. The result shows that each perspective, whether it is naturalism, positivism,
or interpretivism, has its own argument on how morality is established; why it is important to incorporate
morality in the law, and what legal goals they must uphold; and Indonesia’s reasoning pattern exhibits the
combination of multiple philosophies of law schools characteristics. The conclusion is that the position of
morality in Indonesia has a similarity to naturalism and interpretivism because from the very beginning of the
law-making process up to the implementation, Indonesia can not separate morality from the law.
| Item Type: | Other |
|---|---|
| Subjects: | Lainnya |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | fh perpus |
| Date Deposited: | 13 Feb 2024 00:51 |
| Last Modified: | 13 Feb 2024 00:54 |
| URI: | https://repotest.untar.ac.id/id/eprint/42816 |
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