THE POSITION OF MORAL VALUES IN LAW

Dian Latifiani (Faculty of Law, Universitas Negeri Semarang)
Raden Muhammad Arvy Ilyasa (Faculty of Law, Universitas Negeri Semarang)

Diponegoro Law Review
Vol 6, No 1 (2021): Diponegoro Law Review April 2021

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.