Abstract

Law is a rule or means in the administration of the state, in order to achieve an orderly, safe and secure life, the rights of the community are required. According to positivism, law is an order from those who hold the highest power or hold sovereignty. Law is considered as a logical, fixed, and closed logical system. Sociological Jurisprudence theory argues that a good law must be a law that is in accordance with the law that lives in society. Sociological jurisprudence shows that there is a compromise between written law as the need of the legal community for the creation of legal certainty (legal positivism) and living law as a form of appreciation for the important role of society in the development of law formation and legal orientation.

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