Legis Corruptio In Contemporary Indonesia And The Legal History Of Adolf Hitler's Regime In Germany 1941-1944

Abstract

Ideally, laws are made to create justice in ordinary life. To achieve this goal, law-making bodies seek to adopt the principles of justice into state laws and regulations. In principle, law, in this sense, is positive law, but the question is how positive law can bring about justice in human life. Ius quia iustum, law because it is, means that no law is unjust or that law is always. Fairness is a constitutive element of the law. However, the experience of legal history in Germany when Adolf Hitler came to power shows another thing that power can create laws to achieve its political interests that injure justice and humanity. The same thing also happens in contemporary Indonesia that the law minus justice continues to be created because factors outside the law deceive lawmakers, whether because of evil intentions, being held hostage to the past or certain political compromises.