Media Hukum Indonesia (MHI)
Vol 4, No 1 (2026): March

Konsep Keadilan dalam Filsafat Hukum: Analisis Perspektif Positivisme dan Hukum Alam

L, Lazarus (Unknown)



Article Info

Publish Date
08 Dec 2025

Abstract

This study examines the classical debate between legal positivism and natural law theory in understanding the concept of justice. The tension between these two schools of thought has persisted for centuries and remains relevant in contemporary legal practice in Indonesia. Using a qualitative approach through library research, this study analyzes how each school defines justice, the implications for the formation of positive law, and their relevance to the Indonesian legal system. The findings indicate that legal positivism emphasizes legal certainty through the separation of law and morality, whereas natural law theory prioritizes the substantive notion of justice derived from universal values. In practice, the Indonesian legal system requires a synthesis of both perspectives to achieve substantive justice while ensuring legal certainty. This study recommends the adoption of an integrative approach that focuses not only on procedural aspects but also on the substantive dimensions of justice in every legal product.

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Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...