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All Journal VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah
Permani, Intan
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Critical Analysis of Pure Legal Theory in Contemporary Legal Development Iskandar, Iskandar; Nurafifah, Diah; Permani, Intan
VARIA HUKUM Vol. 7 No. 1 (2025): VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan
Publisher : Ilmu Hukum, Sharia and Law Faculty, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/vh.v7i1.40543

Abstract

Abstract: This study aims to examine and analyze the Pure Theory of Law developed by Hans Kelsen, focusing on both its strengths and weaknesses. Additionally, it assesses the extent to which this theory remains relevant and applicable in the context of contemporary law. The research employs a normative method with a conceptual approach to gain an in-depth understanding of the fundamental concepts within the Pure Theory of Law. This study is based on secondary data sourced from primary, secondary, and tertiary legal materials obtained through literature reviews and documentation. Data analysis is conducted using descriptive qualitative analysis. The findings indicate that Kelsen's theory provides a crucial foundation for the legal discipline, emphasizing that law should be understood as an autonomous normative system, independent of moral, social, and political values. However, in the face of ongoing social dynamics, such as globalization, digital technological advancements, and environmental crises, the Pure Theory of Law faces significant challenges due to its rigid and limited capacity to address the complexity of cross-border issues. While this theory remains vital as a basis for ensuring legal objectivity, its inability to accommodate social dynamics suggests that law requires a more flexible and adaptive approach.
As-Syatibi Economic Thinking Permani, Intan; Iskandar, Iskandar
Jurnal Mediasas: Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Vol. 5 No. 1 (2022): Jurnal Mediasas: Media Ilmu Syariah dan Ahwal Al-Syakhsiyyah
Publisher : Islamic Family Law Department, STAI Syekh Abdur Rauf Aceh Singkil, Indonesia

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Abstract

Talking about As-Syatibi's thoughts, where he initiated the concept or thought about the economy in the scope of production, consumption, and distribution. the method used in this research is the library method. This method uses documentaries sourced from literature such as journals, books, papers, and the internet that discuss As-Syatibi's thoughts on Islamic economics. The foundation of As-Syatibi's thoughts on economics refers to the Maqashid Syariah concept whose orientation is to give birth to Maslahah Mursalah. As-Syatibi's thoughts are believed to be very ideal to be implemented in this modern era because the previous thoughts and ideas about economics are deemed to be very irrelevant. Besides being able to answer the challenges of the times, the Maqashid sharia theory which is juxtaposed with this economic thought must also bring about positive changes, especially for Muslim individuals when dealing with and directly involved with the economic activity itself. On the other hand, As-Syatibi divides needs and gives the view that these needs must rely on a priority scale that is matched to each level of need. As for the level of values ??from an economic perspective, As-Syatibi divides them into three, firstly Dharuryah and second, Hajjiyah. And the third is Tahsiniyah. As for the level of values ??from an economic perspective, As-Syatibi divides them into three, firstly Dharuryah and second, Hajjiyah. And the third is Tahsiniyah. As for the level of values ??from an economic perspective, As-Syatibi divides them into three, firstly Dharuryah and second, Hajjiyah. And the third is Tahsiniyah
Co-Authors Iskandar Iskandar Iskandar Iskandar Nurafifah, Diah