Kuliah Umum: Teori Murni Tentang Hukum

Introduction

This tutorial provides a concise guide based on Dr. E. Fernando M. Manullang's public lecture on pure theory of law, alongside the launch of his book "Norma Hanyalah Makna, Grundnorm Malah Seperti Tuhan." It aims to clarify key concepts presented in the lecture and their significance in understanding legal theory.

Step 1: Understand the Pure Theory of Law

• Definition: The pure theory of law, primarily associated with Hans Kelsen, focuses on law as a system of norms, independent of morality or social factors.
• Key Concepts:
  • Norms: Rules that govern behavior.
  • Grundnorm: The foundational norm from which all other norms derive their authority.
• Practical Advice: Reflect on how laws function independently of moral considerations in various legal systems.

Step 2: Explore the Role of Grundnorm

• Explanation: The Grundnorm serves as the ultimate rule that legitimizes all other laws. It is essential in understanding how legal systems maintain order and authority.
• Characteristics:
  • It is often abstract and not explicitly written.
  • It provides the basis for the validity of laws.
• Practical Advice: Consider how identifying a Grundnorm can clarify the legitimacy of laws in your own legal context.

Step 3: Analyze the Relationship between Law and Morality

• Discussion Points:
  • Kelsen's theory separates law from morality, suggesting that legal validity does not depend on ethical considerations.
  • Understanding this separation helps in analyzing legal cases without moral bias.
• Practical Advice: Examine current legal issues to see how this separation is applied and its implications on legal judgments.

Step 4: Reflect on the Book's Themes

• Key Takeaways from "Norma Hanyalah Makna, Grundnorm Malah Seperti Tuhan":
  • The book delves into the significance of norms and their interpretations.
  • It challenges readers to reconsider their understanding of legal principles and their foundations.
• Practical Advice: Engage with the book to deepen your understanding of legal theory and its practical applications.

Conclusion

In summary, this tutorial outlines the essential concepts of the pure theory of law as presented by Dr. E. Fernando M. Manullang. By understanding the roles of norms and Grundnorm, as well as the relationship between law and morality, you can develop a more nuanced perspective on legal systems. Consider reading Dr. Manullang's book for further insights and applications of these theories in contemporary legal practices.