FILSAFAT HUKUM (ALIRAN SEJARAH DAN SOCIOLOGICAL JURISPRUDENCE)

Summary

The lecture explores key schools of legal philosophy, focusing on historical jurisprudence and sociological jurisprudence. Historical jurisprudence critiques positivism, arguing that law evolves with society rather than being merely commands from authority. It emphasizes the importance of cultural context and local customs in shaping laws. Sociological jurisprudence bridges historical and positivist views, asserting that effective laws must reflect societal values and norms. The discussion highlights the necessity of aligning legal frameworks with cultural realities, particularly in Indonesia, where diverse customary laws coexist with national legislation, ultimately advocating for a harmonious integration of law and society.

Takeaways

• 😀 The discussion begins with a greeting and a wish for good health for all listeners.
• 📜 Legal philosophy encompasses various schools of thought, including natural law, positivism, historical, and sociological jurisprudence.
• 📚 Historical jurisprudence reacts against legal positivism, arguing that laws should evolve alongside society's culture and values.
• ⚖️ Legal positivism defines law as commands from a sovereign, emphasizing that laws must include sanctions and obligations.
• 🌍 The historical school asserts that laws are not merely imposed by authority but grow organically with societal changes.
• 💡 Sociological jurisprudence synthesizes positivism and historical thought, advocating that laws must reflect the living values of society.
• 🇮🇩 In Indonesia, the integration of local customary laws (adat) is vital for the formation of a harmonious national legal framework.
• 🏛️ The historical perspective highlights the significance of cultural evolution in the development of legal systems.
• 🔄 The speaker emphasizes that laws should not only rely on rationality but also consider the historical and cultural contexts of society.
• 🤝 The conclusion reinforces the need for a legal system that connects written laws with societal values and practices.

Q & A

What is the main focus of the discussion in the transcript?

The main focus is on the philosophy of law, specifically the historical school of thought and sociological jurisprudence.

What are the key characteristics of legal positivism as mentioned in the script?

Key characteristics of legal positivism include the view that law is a command from a sovereign authority, it must contain sanctions, it creates obligations, and it embodies sovereignty.

How does the historical school of thought react to legal positivism?

The historical school challenges the idea that law is universally applicable, arguing instead that law evolves with society and is rooted in cultural and historical contexts.

Who is a notable figure associated with the historical school of law?

A notable figure associated with the historical school is Friedrich Carl von Savigny.

What does sociological jurisprudence emphasize in relation to law?

Sociological jurisprudence emphasizes that effective law should reflect the living values within society and acknowledges the interaction between law and social conditions.

What is meant by 'living law' in the context of sociological jurisprudence?

'Living law' refers to the law that exists in practice and reflects the values, norms, and realities of a specific community, as opposed to merely written laws.

How does sociological jurisprudence synthesize the ideas of legal positivism and the historical school?

Sociological jurisprudence synthesizes these ideas by acknowledging the importance of both the societal context of law (historical perspective) and the rational framework of law (positivist perspective).

What implications does the historical school have for legal systems in diverse cultures, such as Indonesia?

The historical school implies that legal systems should consider local customs and cultural practices, suggesting that Indonesia's various customary laws should influence national law.

Why is there a need to connect written law with practical application according to sociological jurisprudence?

There is a need to connect written law with practical application to ensure that laws are relevant and effective in addressing the realities of societal needs and values.

What role do court decisions play in the context of sociological jurisprudence?

Court decisions play a critical role in bridging the gap between written law and societal values, serving as a mechanism for legal development that reflects community norms.