Kritik Terhadap Teori Hukum Murni Hans Kelsen: Studi Kasus Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023
DANDIKA MULATUA SIDABUTAR, Dr. Lailiy Muthmainnah, S.Fil., M.A; Dr. Sindung Tjahyadi, M.Hum
2024 | Skripsi | ILMU FILSAFAT
The research is entitled "Criticism of Hans Kelsen's Pure Theory of Law: Case Study of Constitutional Court Decision Number 90/PUU-XXI/2023". This research is motivated by the political dynamics leading up to the General Election (Pemilu) in Indonesia in 2024. The focus of this research is analysis from the perspective of Hans Kelsen's Pure Theory of Law to the Constitutional Court Decision Number 90/PUU-XXI/2023.
This research is a philosophical research that uses library research as the main data source, involving primary library sources and secondary library sources. The method used in this research is philosophical hermeneutics with methodical elements, namely description, interpretation, internal coherence and critical reflection.
The research results show that (1) what is meant by Hans Kelsen's Pure Theory of Law is law as a normative system consisting of hierarchical norms and separate from non-legal aspects, such as morality, politics and sociology; (2) Based on the results of the analysis of the Constitutional Court Decision Number 90/PUU-XXI/2023, it is normatively relevant to Hans Kelsen's Pure Theory of Law in determining the legal validity of the norms of Article 169 letter (q) of the Undang-Undang No. 7 2017 against the UUD 1945; (3) Philosophical problems arise in the analysis of the Constitutional Court Decision Number 90/PUU-XXI/2023, which strongly proves that law can never be pure because it will always be related to aspects of morality, politics and social.
Kata Kunci : Teori Hukum Murni, Hans Kelsen, Putusan Mahkamah Konstitusi, grundnorm, hierarki hukum