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All Journal TATOHI: Jurnal Ilmu Hukum
Asyisytri, Mannissa Sannia
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Law, Crime, Criminology & Criminal Justice

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The Relevance and Modification of Hans Kelsen's Legal Positivism in Indonesian Legal Development Thahirah, Berliana Ath; Marsetina, Lola Naury; Ramadhannia, Rosnila Nur; Asyisytri, Mannissa Sannia; Elviandri, Elviandri
TATOHI: Jurnal Ilmu Hukum Vol. 6 No. 6: Volume 6 Issue 6, August 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i6.4011

Abstract

Introduction: The school of legal positivism developed by Hans Kelsen through the Pure Theory of Law and the Stufenbau Theory has an important influence on the development of modern law. Purposes of the Research: This research aims to analyze Hans Kelsen's thoughts and their implications for legal development in Indonesia. Methods of the Research: The method used is normative legal research with a conceptual and legislative approach supported by literature studies. Findings of the Research: The results of the study show that Hans Kelsen's thinking contributes to the development of Indonesian law, especially in the application of the hierarchy of laws and regulations and the testing mechanism of legal norms. However, its application is not carried out purely because it still pays attention to the values of Pancasila, morality, and substantive justice. Thus, Hans Kelsen's theory of legal positivism remains relevant in the development of national law, even though it has been adjusted to the characteristics of the Indonesian legal system.
Co-Authors Elviandri, Elviandri Marsetina, Lola Naury Ramadhannia, Rosnila Nur Thahirah, Berliana Ath