A Critical Study of Legal Positivism As a Legal System in a Pluralist Country

Abstract

Legal positivism is one of the schools of legal philosophy that has a dogmatic paradigm, the fundamental principle in positivism is the principle of legality. In addition, the characteristics of positivism are legal unification, the meaning of a law is the spirit to make one law, the state of positivism law is also influenced by legal universalism, and the law is considered relevant in any part of the world. This is based on the historical character of the Indonesian nation. The spirit of unification in Indonesia started from the youth oath, initially, there was no such spirit. In line with this, the law has existed since before the entry into legal colonialism. This means that customary law was born before the Indonesian state was formed. With the existence of the state, then the law is configured to become a legal unification. So that the applicable law is the law passed by the state. The law resulting from the concordance is forced to become a binding rule in a country. The approach in this study is conceptual. Keywords: legal positivism, legal system, pluralist state