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All Journal Diponegoro Law Review
Raden Muhammad Arvy Ilyasa
Faculty of Law, Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

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THE POSITION OF MORAL VALUES IN LAW Dian Latifiani; Raden Muhammad Arvy Ilyasa
Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (753.283 KB) | DOI: 10.14710/dilrev.6.1.2021.51-61

Abstract

Moral values in legal science are important. However, the flow of law sees a variety of moral values. This paper aims to see the position of moral values in the science of law. Legal positivism separates strictly between law and morals. According to him, there is no law other than the command of the authorities. Even extreme identifying the law (Recht) as the law (wet). Legal positivism activities are aimed at concrete problems, which are different when compared to natural law thinking which engages itself with the validation of man-made law. For adherents of natural law theory, an unjust law is not law. there is an absolute relationship between law and morality. the two cannot be separated, so the law must refer to moral principles.
Co-Authors Dian Latifiani