The Relevance and Modification of Hans Kelsen's Legal Positivism in Indonesian Legal Development

Abstract

Introduction: The school of legal positivism developed by Hans Kelsen through the Pure Theory of Law and the Stufenbau Theory has an important influence on the development of modern law. Purposes of the Research: This research aims to analyze Hans Kelsen's thoughts and their implications for legal development in Indonesia. Methods of the Research: The method used is normative legal research with a conceptual and legislative approach supported by literature studies. Findings of the Research: The results of the study show that Hans Kelsen's thinking contributes to the development of Indonesian law, especially in the application of the hierarchy of laws and regulations and the testing mechanism of legal norms. However, its application is not carried out purely because it still pays attention to the values of Pancasila, morality, and substantive justice. Thus, Hans Kelsen's theory of legal positivism remains relevant in the development of national law, even though it has been adjusted to the characteristics of the Indonesian legal system.