Pemikiran Teori Hukum Murni Hans Kelsen dalam Perspektif Sosiologi Hukum Soerjono Soekanto

Abstract

This study examines Hans Kelsen's Pure Theory of Law from the critical perspective of Soerjono Soekanto's Sociology of Law to identify paradigmatic differences and possibilities for constructive dialogue between normative and sociological approaches in understanding legal phenomena. Employing a library research method with a qualitative approach, this study analyzes primary works of both scholars and related secondary literature through content analysis techniques and comparative-critical methods. Research findings indicate that Kelsen's Pure Theory of Law, which is normative-formalistic in nature with key concepts such as the sein-sollen distinction, hierarchy of norms, grundnorm, and validity-effectiveness separation, provides important contributions to understanding the formal structure of legal systems but has significant limitations in explaining legal dynamics in social reality. From Soekanto's Sociology of Law perspective, Kelsen's theory is criticized for its artificial separation between law and society, neglect of legal effectiveness and justice dimensions, the empirically unverifiable grundnorm concept, overly narrow methodology, and lack of practical relevance. This study concludes that both perspectives need not be viewed as mutually exclusive oppositions, but can be integrated as complementary approaches to produce more comprehensive and holistic understanding of law, which is essential for developing legal theory and practice in Indonesia.