KONSEP HUKUM DAN IDE KEADILAN BERDASARKAN TEORI HUKUM STATIS (NOMOSTATICS) HANS KELSEN

Abstract

Justice is the eternal struggle of humans, both theoretically and practically. More than two thousand years ago, Plato saw justice as harmony, both socially and individually. A just society is a society whose members work according to their social functions to ensure mutual prosperity. While a healthy individual is like a fair society, where all his organs function perfectly. Departing from the thought that became the issue of justice seekers towards the problem that most often became a discourse was about the issue of justice in relation to law. This is because the law or a form of legislation that is applied and accepted with a different view, a view that considers the law to be fair, and vice versa the law is not fair. Such problems are often found in concrete cases, such as in a trial process in a defendant in a criminal case (criminal of justice), or in a defendant in a private of justice case or in a defendant in a state administration (justice) case or on the contrary, as plaintiffs feel unjust about the verdict of the judges and on the contrary the judges feel confident that the verdict is fair because the decision has been based on legal considerations written in the form of statutory regulations. Proof theory is based on Positive Law (Positive Wettwlijks theorie). Justice can only be understood if it is positioned as a state that is intended to be realized by law. The effort to bring about justice in the law is a dynamic process that takes a lot of time. This effort is often also dominated by forces that fight within the general framework of the political order to actualize it. Justice is one of the aims of the law. The purpose of the law is not only justice, but also legal certainty and expediency. Ideally, the law must accommodate all three. Even so, there are still those who argue, among the three legal objectives, justice is the most important goal, and some even argue that justice is the only legal goal. If so what is the view of justice according to general rules or rules that govern human relations in society or positive law. In this research, the formulation of the problem in this research is how the concept of law and the idea of ​​justice based on the Concept of Static Law (Nomostatics) presented by Hans Kelsen. In this study the authors used the method of library research (Library Research). This method is carried out by examining library materials or secondary data, which consists of: Primary materials, i.e. materials which are binding and consist of books, journals, and others, which are related to the issues discussed and material- secondary material, namely materials that provide explanations for primary materials in the form of articles of research results, or opinions of other legal experts. The results of this study are Hans Kelsen argues justice as a consideration of values ​​that are subjective. As a stream of positivism also recognizes that absolute justice comes from nature, which is born from the nature of an object or human nature, from human reasoning or God's will. Understanding "Justice" means legality. A general rule is "fair" if it is actually applied, while a general rule is "unfair" if it is applied to one case and not applied to other similar cases.