This article discusses the influence of positivism in the development of legal science, especially in the development of Indonesian law. Through the positivism which was introduced by August Comte, the study aims to analyze the legal positivism as a strategic-political form that is needed in terms of promoting children's rights. As a result, positivism can not only be used as a medium used to help the modern process: the law there can also be used as a means to provide legal protection for the people’s, especially for the protection of children's rights.
This study aims to describe the ideal concept of application of formal terms in the settlement of disputes on the results of the election of the head area in the Indonesian Constitutional Court. This study focuses on the idea that the Constitutional Court as a guardian of the constitution and democracy must be subject to the constitution as the highest law in the Unitary State of the Republic of Indonesia. From 2008 to 2021, the Constitutional Court has exercised this authority in (2) two periods, namely when the settlement of disputes over the results of the regional head elections in the general election regime in 2008 to 2013 and the regional government regime from 2015 to 2021. Methods in the study This research uses the type of doctrinal research method, which in terms of its nature, this research is a descriptive research, which is a research that describes something in terms of certain space and time.
Amendments to the law, as a manifestation of legal politics designed to promote public contentment is inevitable. The theory of law stipulates the significance of developments that are deemed highly necessary. Problems arose when the government of Indonesia's agenda to amend Law Number 40 of 1999 concerning the press raised concerns about the threat of oppression in the media. This study aims to determine the urgency of amending the Press Law to realize press freedom in Indonesia. This study used a qualitative method through literature studies and interviews with practitioners. The results of this study showed that Law Number 40 of 1999 concerning the Press is a legitimate tool for press freedom at this time. It can be stated that the substance of Law No. 40 of 1999 regarding the Press is still relatively accommodating democracy in terms of ensuring freedom of opinion as human rights. However, the dominance of the media company as the capital owner will limit press freedom, necessitating a structure that can finally separate the company from the press product. In the end, the success of Law Number 40 of 1999 pertaining to the Press must be evaluated based on institutions, enforcement, and the legal culture of the society.
Normatively, the follow up on the Constitutional Court's Decree has been regulated in the Constitution No.12 of 2011. Yet, the mentioned norm has not optimally regulated the follow up of the Constitutional Court's Decree as one of the main sources in the planning and the renewal of the national law. This is shown by the fact that there was a norm which was annulled by the Constitutional Court, yet it was still written in the new Constitution. Because of that, the Constitutional Court's verdict, especially those regarding the politics of judicial law, is crucial to be included in the national law planning and development documents as a guide for the lawmakers in the form of the Constitution. This is because the Constitutional Court's decree includes the politics of the judicial law, which determines the road of the national health law's development, so that the constitution in the aspect of health will not be against the 1945 Constitution.This research is a qualitative study, by using the post-positivism paradigm and the juridical-normative approach. The research approach used is statute approach and case approach. The research approach is used to see the politics of the judicial law contained in the Constitutional Court's Decree which should have been the guide of the national health law development.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.