Legal Literacy - This study of legal theory concepts at the philosophical level focuses on two schools of Legal Philosophy that are very influential in the world, especially Indonesia to this day, namely "Natural Law Theory" and "Legal Positivism Theory." Various versions were written by Legal Philosophy experts on Natural Law Theory or Natural Law. This study also follows Andrew Altman's version, from his book entitled Arguing About Law: An Introduction to Legal Philosophy (2001) which examines according to historical span (making diachronic classification), namely "Traditional Natural Law Theory" and "Modern Natural Law Theory".

Traditional Natural Law Theory

Two main supporters of this theory are St. Augustine and Thomas Aquinas. Both have the same perception of Natural Law, that "natural law is the highest obligation created by nature that can cancel everyone's obligation if it conflicts with morals or is immoral. There are three theses put forward by St. Augustine, namely:

  1. Natural Law is used as a standard to assess regulations set by the state called positive law, whether good or bad (that natural law providing standard should be used to evaluate positive laws as good or bad);
  2. Positive legal regulations that conflict with the principles of natural law are invalid. These legal regulations are null and void and do not impose obligations on anyone (Rules of positive law that conflict with principles of natural law are invalid. Such rulers are null and avoid and imposed no obligation to anyone).
  3. St. Augustine declared, something rarely put forward by traditional views: that “an unjust law is not law (…St. Augustine gave a succinct statement of the traditional view: “a law that is no justice is not law”).

Thomas Aquinas' version of Traditional Natural Law Theory is a systematic, comprehensive and continuously developed description of Legal Philosophy. Thomas Aquinas' main thesis is described as follows:

  1. His basic vision is that the universe is created by a single, eternal regulator who bestows a system of law (It rest on his vision of the universe as governed by single, self-consistent, and overarching sysem of law).
  2. The entire system is based on the direction and authority of the supreme lawgiver and judge, God (The entire system is under direction and authority of the supreme lawgiver and jugde, God).
  3. This legal system in its hierarchy is composed of eternal law, divine law, and natural law at the top, and human law at the bottom (Human law occupies the lower tier of this system. Above it are eternal law, divine law and natural law.).
  4. Eternal law consists of those principles of action and motion that God implanted in things in order to enable each thing to perform its proper function in the over all order of the universe (Eternal law consist of those principles of action and motion that God implanted in things in order to enable each thing to perfom its proper function in the over all order of the universe).
  5. Natural law consists of those specific principles of eternal law for mankind. Such principles are knowable by our natural powers of reason, and they guide us toward what is good for humans (Natural law concist of those principles of eternal law specific to human beings. Such principles are knowable by our natural powers of reason, and they guide us toward what is good for humans).
  6. Thus, it is good for humans to live peaceably with one another in society, and so natural law principles entail the prohibition of actions such as murder and theft that harms society (Thus, it is good for humans to live peaceably with one another in society, and so natural law principles entail the prohibition of actions such as murder and theft that harms society).
  7. The principles of natural law help us reach the good that can be achieved in this world. However, too little virtue can be achieved by humans in the world, namely eternal salvation. A legal figure that exists beyond and above natural law guides us towards that ultimate good; namely Divine Law (The principles of natural law help us reach the good, that is reachable in this world. Yet beyond this world there is the ultimate human good: eternal salvation. A type of law exists over and above natural law, guiding us to hat ultimate goal. That is devine law).
  8. According to Aquinas, the term human law is positive law consisting of regulations established by the leaders of the political community (state) for the common good of citizens. In some cases, for example, according to simple logic, it is deduced from the principles of natural law. For example, positive law, against murder, is logically determined by natural law which generally prohibits a person from wrongfully harming another person. Everyone will agree that murder is a form of harmful wrongdoing, the law regarding murder is logically derived from the principles of natural law (Human law Aquinas’s term for positive law consist of rules framed by the head of the political community for the common good of it members. In some cases, such rules are simply logically deduced from natural law principles, For example, the positive law against murder is logically entailed by the more general law that prohibits a person from wrongfully harming someone else. Once we agree that murder is form wrongful harm, the law against murders logically follows from the natural law principle).