DIALEKTIKA HUKUM DAN MORAL DALAM PERSPEKTIF FILSAFAT HUKUM
Abstract: The
research aims to study the dialectics between law and moral in the perspective
of legal philosophy and examine the function of moral for law and law for
moral. This study is a doctrinal-legal research that uses primary legal
materials and a conceptual-juridical approach. The result indicates that the
relationship between law and moral bears a reciprocal functional relation in
law making and law enforcement. For law, moral functions as the source of
ethics (values) in positive law making, source of rules in positive law,
evaluative instrument for legal rule substances, and justification reference
for settlement of legal cases that have unclear laws. Meanwhile, for moral, law
functions as a medium that transforms individual moral rules into social legal rules
with certain sanctions, strengthens moral values, principles, and rules,
establishes new morality in the society, and enforce moral values, principles,
and rules in social order.
Penulis: Salman Luthan
Kode Jurnal: jphukumdd120372
