This article aims to identify and analyze Roscoe Pound's thoughts on sociological jurisprudence, besides that this article also aims to identify and analyze Donald Black's legal sociology thoughts, as well as the actualization of Pound and Black's thoughts in the Indonesian context. The approach method used in this article is a literature study with a qualitative descriptive approach, while the results in this article show that Pound's sociological jurisprudence and Black's sociology of law both approach law through the discipline of sociology, even though the legal concepts they produce are different. . Pound with the concept of interest, social engineering while Black with the concept of law as a quantitative variable in his magnum opus The behavior of law. They both also think that the law is a tool of social control and seems to want to perceive that the law does not always talk about articles, but there are other important aspects that must be considered.
This study departs from the fact that fiqh, which is the religious guideline for Muslims, does not yet contain specific formulations of good governance that are relevant and increasingly needed in today's state life, especially for Indonesian moslem. This study is intended to identify the principles of good governance and formulate them by looking at their relevance to Indonesia in the context of the welfare state. For that purpose, this study uses the documentation method by collecting and interpreting qualitative data from fiqh books, the 1945 Constitution, and relevant laws and regulations in Indonesia. This study shows that in fiqh books that contain discussions or allude to citizenship and state administration, there are principles of deliberation, justice, welfare, and mutual benefit. These principles can be formulated as good governance fiqh that is relevant to Indonesia which contains the principles of legal certainty, legal urgency, and legal universality. Legal certainty includes accountability and justice. The legal urgency includes aspects of transparency and professionalism. While the universality aspect of law is in the form of guaranteeing general welfare and mutual benefit.
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.