Rechtsvinding
Vol. 4 No. 1 (2026)

The Development of Law in Indonesia is Linked to Hans Kelsen's Positivism Theory

Sembiring, Sungguh Raja (Unknown)
Putra, Heddy Permana (Unknown)
Kartika, Yuninda Dwi (Unknown)
Gustiadi, Yoga (Unknown)
Durahman, Dani (Unknown)



Article Info

Publish Date
27 Mar 2026

Abstract

The evolution of legal theory from classical to modern periods reveals significant shifts in how law is understood and conceptualized. While earlier legal theories were strongly shaped by philosophical and political thought, modern legal theory is largely developed within frameworks constructed by legal scholars themselves. Legal positivism, particularly Hans Kelsen’s Pure Theory of Law, argues that law must be separated from non-juridical elements such as social, political, historical, and ethical factors. Nevertheless, in the Indonesian context, law cannot be viewed solely through textual norms. Its effectiveness depends on legal culture, law enforcement performance, and supporting infrastructure. This complexity demonstrates the limitations of a purely positivistic approach when applied to a multidimensional legal system. Therefore, the ongoing development of legal philosophy shows that law cannot be confined to statutory texts alone, but must be understood as a living social institution influenced by broader external factors.

Copyrights © 2026






Journal Info

Abbrev

rechtsvinding

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

This journal is published by Civiliza Publishing twice a year (June an December). The presence of the journal accommodates scientific writings from the academic community, researchers, students, and practices in Sharia Economic Law and law that have good values ​​and high rationality. The scope ...