MELAMPAUI TAFSIR POSITIVISME HUKUM DALAM PERADILAN ASRORI

Abstract

Growth of positivism can not be separated from the paradigm of Rene Descartes
and Isac Newton, who is often referred to as the Cartesian-Newtonian. Cartesian-
Newtonian paradigm is, one side managed to develop science and technologies
that facilitate human life, but on the other hand reduce the complexity and
richness of human life itself. Cartesian-Newtonian paradigm to treat human and
social system like a big machine that is set according to the conceptual basis of
objectivism, determinism, reductionism, materialism-saintisisme,
instrumentalisme, dualism and the mechanistic. This was the cause of the
Cartesian-Newtonian paradigm stands firmly in inspiring understand positivism,
and gradually also affect the science of law.
Keywords: Legal Positivism, the Revolution of Science, Law Progressive