Hukum Tanpa Riasan dan Eksistensi Hukum Adat Indonesia Suatu Pembelaan terhadap Positivisme Hukum

Abstract

This paper is concerned with the misunderstanding of a few lawyers on legal positivism movement. Criticizing the idea of “law is written law only” as they described as legal positivism, the paper considers the root of legal positivism, namely: law as social fact, identification of law, and separability thesis. Therefore, the strategies offered the paper also quote from the recent research which uses the paradigm of legal positivism. At a glance, this paper proves that legal positivism more compatible to Indonesia adat law compare with natural law.