Hukum, Moral, dan Kekuasaan Dalam Telaah (Hukum Adalah Alat Teknis Sosial)

Shalihah, Fithriatus and Adhayanto, Oksep (2017) Hukum, Moral, dan Kekuasaan Dalam Telaah (Hukum Adalah Alat Teknis Sosial). FIAT JUSTISIA, 10 (4). ISSN 1978-5186 (Unpublished)

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Abstract

The negative impact of the use of law as a means of changing society in authoritarian countries is seen already clear when in authority a regime that was decades on authority in Indonesia. The regime overcome all the forces that exist in society and the bureaucracy is crucial. Political parties in that era were not independent. The decisions in the field of legislation more influenced by the government's political vision. Here, the law has been used as synonymous with power, so that can not be distinguished more clearly, where the law where power, where “rechtsstaat” and where “machtstaat”, where state laws and which countries tyranny legitimized by law. The law should be given charges philosophical truth values are deduced from the principles of the law by the authorities, in fact the loaded power itself that must be regarded as truth. Manipulation of the truth that's going on here is misdirection logic through language games that the law is the same as the laws in the flow of positivism.

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