KAJIAN TEORITIS ALIRAN POSITIVISME HUKUM, DIHUBUNGKAN DENGAN KETENTUAN UU NO. 24 TAHUN 2009 TENTANG BENDERA, BAHASA DAN LAMBANG NEGARA, SERTA LAGU KEBANGSAAN JO UU NO. 12 TAHUN 2011 TENTANG PEMBENTUKAN PERUNDANG-UNDANGAN

Abstract

The law state concept which applied in Indonesia is the law system as heritage of Netherland which is growth in the Europe Continental is mention “Europe Continental Conceptâ€, which is implementing base on “concordance principle†which is mentioned in the transition rule Article II of The Indonesia Constitution Year of 1945 (original text). Which declaring “all institutions of the state and regulation which is existing at the time is directly apply, during  been providing the new regulation yet base on this Constitutionâ€. One of the other character of this law system in the Continental Europe Concept is the law  positivism or the law legism, which generally can be meaning that law identicallly  with the rule, outside the rule there is no law, to creating the certainty of law, the law absolutely be made by legislature institution, and be placed in the book of the rule (codification). The born of MPRS Decree No. XX/MPRS/1966 Subject to the hierarchy of the regulation, MPR Decree No. III/MPR/2000 Subject to the hierarchy of the regulation, Rule No. 10 Year of 2004 Subject to the Forming the Regulation, and Rule No. 12 Year of 2011 Subject to the Forming the Regulation. is meaning that Indonesia State belonging the on the rule and certainty of law. In the fact on practice still many society which not understanding yet each regulation which decided by the state, so that, often happened law violations which carry out by the society, but the society are not care as have been done. Such as for the time being happened the case of violation of the flag of the rule No. 24 Year of 2009 subject to the letters, flag and symbols of state. The conclution of this research that, the national law system of Indonesia, in the practically influenced by the concept of law positivism/legism from Continental Europe System.

Key Words : Positivisme, konkordansi, legisme, certainty of law.