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Positivism is a branch of philosophy, which is a source of knowledge on positive law and based on the Constitution applied. The law-making institution makes a positive law. The laws which have been determined and issued must be complied with by all citizens. It is enforced, and it comes with strict sanctions. Judges have a significant role in enforcing the aims of the law, which are certainty and justice. Apart from holding on to the formal law (the positive law), the judges also have the capability to see the condition in the field empirically and adjust to it flexibly. Thus, judges may have more flexibility in deciding upon a case and in examining the real data to uphold justice. Such decisions may be followed by other judges, which is called jurisprudence.

The Theory of Positivism and the Judges’ Social Jurisprudence in Indonesia