JANUARY 2023

VOlUME 06 ISSUE 01 JANUARY 2023
DEVELOPMENT OF CLASSIC LEGAL THEORY IN INDONESIA
1Taufiqurrohman Syahuri ,2 Maydika Ramadani
1,2Faculty of Law, Universitas Pembangunan Nasional “Veteran” Jakarta
DOI : https://doi.org/10.47191/ijsshr/v6-i1-70

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ABSTRACT

Indonesia as a rule of law country, of course, is very very interested in these legal theories so that they can be applied in efforts to foster and establish or develop national law that cannot be removed from the living cultural values and soul of the Indonesian nation, the purpose of this research is to find out the development of legal theory which is the central point of substance quality in each phase of the development of legal theory and which legal theory is influential and suitable for adoption for the development of national law in the future. This type of research, this type of research, this paper is normative research in which the method or steps used to obtain data originate from the data collection used in this research is to collect data documents, as well as legal literature books. Some of these data documents include; article-articles or news from the mass media related to the legal phenomena that are the subject of discussion. The results of the analysis obtained are classical legal theory, showing that the quality of substance which is the central point of legal theory in each phase of its development, basically pivots on one thing, namely "human relations and law". This means that the more the basis of a theory shifts to the "regulation" factor, the legal theory responds to law as a closed formal legalistic unit. Conversely, the more it shifts to the "human" factor, the more open the theory of law is and touches the social mosaic of humanity.

KEYWORDS:

Legal Theory Study, Indonesia

REFERENCES

1) Bernard Arief Sidharta, 2000, Reflections on the Structure of Legal Science, A Research on Philosophical Foundations and Scientific Characteristics of Law as the Foundation for the Development of Indonesian National Law Science, Mandar Maju, Bandung

2) Bernard L. Tanya et al, 2006, Legal Theory of Orderly Human Strategy across Space and Generations, CV. We, Surabaya

3) Herman Bakir, 2005, Castle of Legal Theory, PT. INDEX, Klaten.

4) Ibn Elmi A.S. Pelu, 2007, Reactualization of Legal Aspirations in Legal Development, In TRANS, Malang.

5) Meuwessin DHM, 2007, Meuwissen About Legal Development, Legal Studies, Legal Theory and Legal Philosophy, Translated by Bernard Arief Sidharta, Refika Aditama, Bandung.

6) Mochtar Kusumaatmadja, 1976, Community Law and Development of National Law, Cipta Bina, Bandung.

7) Moh Mahfud MD, 1999, Political and Legal Struggle in Indonesia, Echo Media, Yogyakarta.

VOlUME 06 ISSUE 01 JANUARY 2023

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