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DISIPLIN HUKUM

DISIPLIN HUKUM

 

 

Fokus  titik tolak untuk menjelaskan perihal  hukum secara ilmiah, diperlukan suatu uraian singkat mengenai disiplin hukum. Hal ini disebabkan, oleh karena dengan penjelasan mengenai disiplin hukum sebagai pengertian cakupan, maka akan dapat diperoleh pengetahuan mengenai ruang lingkup bidang hukum yang sedemikian luasnya. Sebagai suatu sistem ajaran, maka disiplin hukum mencakup antara lain: (1) ajaran yang menentukan apakah yang seyogyanya atau seharusnya dilakukan (preskriptif), maupun (2) yang senyatanya dilakukan (deskriptif) di dalam hidup.

DISIPLIN HUKUM  tidak sekedar  mencakup ilmu – ilmu hukum, tetapi juga politik hukum dan filsafat hukum. Sebagai kumpulan dari pelbagai cabang ilmu pengetahuan, ilmu hukum mencakup; ilmu tentang kaedah, ilmu pengertian dan ilmu tentang kenyataan. Ilmu tentang kaedah lazimnya disebut normwissenschaft atau sollenwissenschaft dan bila digabung dengan ilmu pengertian maka dinamakan dogmatik  hukum, sedangkan ilmu tentang kenyataan adalah tatsachenwissenschaft atau seinwissenschaft.

Ilmu – ilmu hukum tidak hanya mencakup ILMU TENTANG KAEDAH  dan ILMU PENGERTIAN, akan tetapi juga mencakup ILMU TENTANG KENYATAAN. Oleh karena itu merupakan suatu pendapat yang keliru untuk menyatakan bahwa sosiologi hukum, antropologi hukum dan psikhologi hukum sebagai bagian dari ilmu tentang kenyataan saja, yaitu semata – mata sosiologi, antropologi dan psikologi. Sejalan dengan itu, maka tak ada alasan bagi kalangan hukum untuk menentang atau menolak anggapan, bahwa sosiologi hukum, antropologi hukum dan psikologi hukum adalah merupakan ilmu – ilmu hukum.

Pengertian (arti) yang diberikan oleh masyarakat terhadap hukum (menurut Purnadi Purbacaraka dan Soerjono Soekanto), meliputi:

  1. Hukum sebagai ilmu pengetahuan;
  2. Hukum sebagai disiplin;
  3. Hukum sebagai kaedah;
  4. Hukum sebagai tata hukum;
  5. Hukum sebagai petugas (hukum);
  6. Hukum sebagai keputusan penguasa;
  7. Hukum sebagai proses pemerintahan;
  8. Hukum sebagai perikelakuan yang ajeg atau sikap tindak yang teratur;
  9. Hukum sebagai jalinan nilai – nilai;

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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