Pemahaman Terhadap Asas Kepastian Hukum Melalui Konstruksi Penalaran Positivisme Hukum

Abstract

The principle of legal certainty is a principle which, according to Gustav Radbruch, is included in the basic legal value. This principle basically expects and requires the law to be made definitively in written form. The existence of this principle is important because it will guarantee the clarity of a positive legal product that exists. The important meaning of this principle also has a similarity (similarity) with the main idea that exists in the construction of legal positivism reasoning, namely clarity (certainty). Therefore, this paper aims to achieve an understanding of the principle of legal certainty by using the legal positivism construction.