Individual Task ( Philosophy of Law )

LAW AND TRUTH

CREATED BY:

ZULKHANADYA (1503101010197)

FACULTY OF LAW

SYIAH KUALA UNIVERSITY

2018/2019
INTRODUCTION

The law is the rule of the norms and sanctions that are made with the aim to regulate

human behavior, maintain order, justice prevent chaos. While the words of truth can be used as a

word concrete objects and abstract. Truth is the correct proposition own proposition means the

meaning is contained in a statement. When the subject of the truth that the proposition tested

must have the quality or the characteristics of the relationship and values. That is because the

truth cannot just apart from the quality of the nature of the relationship and the value of itself.

So, the truth is the extent to which an opinion, analysis and the decision of the approaching legal

norms.1

In the philosophy of the law there are two dimensions of the truth. First, truth material,

where we attain truth when our thinking (judgement) corresponds with reality, a statement is

true if in accordance with reality. Second, formal truth, where the statement is based on the

logical coherency is true. It marks the extent and limitation of our thinking powers, the strength

of the mind we are limited to the truth that we know. The mind that is not based on truth have no

power.

1. Theories Of Truth

discussion about the truth has brought forth several theories about the truth itself. Theories

can be seen as follows.

a. The Coherency or consistent theory of truth

this theory is a theory of truth that most beginning or the oldest. Aristoteles states that

everything in the know is something that can be restored on the fact that is known by the

subject.2 This theory is defined as a theory of truth are related to each other is a the proposition

or the meaning of the statement from a knowledge of the correct value, when the proposition

has a relationship with ideas from the earlier proposition of value. For example; Every human

1 Surojiyo, Filsafat Ilmu dan Perkembangannya di Indonesia, Jakarta: Bumi Aksara, 2004, Page 103.
2 Abbas Hamami, Kebenarran Ilmiah Dalam Filsafat Ilmu, Yogyakarta: Liberty, 1996, Page 116.
shall surely die. Ahmad is a human. So, Ahmad will surely die. A theory is considered true when

it has been proven correct and test. Example: water would evaporate if reheated until with a

hundred degrees. The Knowledge is true, when tested the water has proven to be evaporated and

that knowledge can be said true.3

This theory assume that” A statement can be said true when the statement is coherent or

consistent with previous statements which is considered correct”. So, one decision with other

decision are related to each other and mutual describe one another. Because it was born the

formulation of truth are interdependent systematically and truth is the consistency and

compatibility.4

b. The correspondent Theory of truth

The correspondence theory of truth is the statement is true if in accordance with the fact.

The truth or a condition is said to correct if there is a similarity between the meaning of what is

meant by an opinion with the fact. A proposition (expression or decision) is true when there is a

fact that is appropriate and stated what it is.

So, simply can be concluded that based on the theory of correspondence a statement is true

if the matter of the knowledge contained in the statement is aligned with the object of the

intended by the statement5. For example if a student said "sunrise from the east" then the

statement is true, cause the statement is the factual, or accordance with the fact that the sun

rises from the east and sets in the west.

According to the theory of correspondence. If something consideration in accordance with

the fact, so this consideration is correct. if not, the consideration is wrong. The theory of

correspondence about the truth, can be summarized as follows: "Truth is the match between the

statements about something with reality itself”.

c. The pragmatic theory of truth

3 Surojiyo, Op. cit., Page 105.

4 Amsal Bakhtiar, Filsafat Ilmu, Jakarta: PT Raja Grafindo Persada, 2004, Page 116.
5 Jujun S. Suriasumantri, filsafat ilmu sebuah pengantar popular, Jakarta: Sinar Harapan 2000, Page 57.
 Basic views of this theory, which can be used or useful. A statement is true if the statement

or the consequences of the statement has a practical purpose in the life of human. According to

this theory , a truth and a statement is measured with the criteria whether if it brought on as a

result of a satisfactory, when it occurs in practice. The truth was proven by the usefull , by the

results and by the effect of the practice. So the truth is what is applicable. 6 Example: If

someone stated the theory X in education and then from the theory developed the theory Y in

improving the ability to learn, then the theory X is considered true because functional.

Thus for the theory of pragmatism, truth depending on whether the results from a act

satisfies or does not satisfy. True or not a proposition or theory depending on the role of the

function of the arguments or the theory is for human to his life in the scope of space and time. 7

d. The theory of truth based on the meaning

According to the theory of the truth of semantics, a proposition is true if corresponding

with the meaning. 8 What is a the proposition has a clear reference. If do not have a clear

reference so the proposition is wrong. 9 Example : word of philosophy etymologically comes

from the Greek “Philosophia” which means the love of wisdom. That knowledge is true if have

a clear reference. If do not have a clear reference so that knowledge is wrong.

e. The syntax theory of truth

This theory says that a statement true or have the correct value if in accordance with the

syntax or the order of the rules of the grammatical (grammar) that raw material. Means

automatically if a statement is not in accordance with the structure of grammar correctly or turn

aside from the rule of grammatical that raw material or in other words the proposition does not

follow the term or out of things that are required, so the statement and the proposition does not

have the meaning.

6 Amsal Bakhtiar, op. cit., page 119.

7 Amsal Bakhtiar, op. cit., page. 120.
8 Surojiyo , op. cit., page 106.
9 Surojiyo, Loc. Cit.
 For example a standard sentences there must be a subject and predicate. If the sentence

there is no the subject so the sentence is declared no raw material or not sentence. Example: “all

corruption”, this is not the phrase standard because there is no subject.

f. The Non-Description theory of truth

This theory is basically a statement will have the correct value depending on the role and

function of the statement. So the knowledge will have the correct value as far as the statement

has a very practical function in daily life.10

A knowledge or value statement true if the knowledge or the statement has a very practical

function in daily life which is the agreement to use it. Example: Farmers plant corn (but actually

planted is the seeds of corn, to later become corn).

g. The excessive logical theory of truth

In this theory, a knowledge or statement is true by itself. every proposition is logic with

show that the proposition has the same content, provide the same information and all people

agree, so when we prove again that it is only a logical form of excessive.

For example, the statement "snow is white" this statement no need be proved logically

because all people agree. No need to prove it because a statement that will prove was referring

to the fact that it has been recognized the truth. This means that the object of knowledge itself

has shown the clarity itself. Another example of such as a circle is round, has given the clarity

of the statement itself does not need to be explained again. For basically the circle is one line

that same distance from the same point, so that a round line.

2. The relationship of the law, knowledge and the truth.

Talk about the relationship between the law and the truth, will begin with talk and discuss

science and truth are reviewed from the side of epistemology , so that means that the study will

against the truth in its relationship in the knowledge of human. According to Hartono

Kasmadi,11 that the way to find truth can be done with the way: First, the discovery by chance.

10 Ibid., page 106-107.

11 Surojiyo, op. cit., Page 100-101
second, the discovery by try and error. Third, the discovery through the authority or obligation.

fourth, the discovery by speculative it is the discovery that almost the same with try and error,

but on this speculative findings there are have several alternatives, where one of the selected

alternative , but still not sure of its success. Fifth, discovery through critical thinking and

rational, it is to find the truth how to think and analyze it based on the experience and

knowledge that belongs to the right solutions. Sixth, the discovery through scientific research

with certain methods, universal, objective and using specific procedures.

So the truth there are in 3 things:

1) The truth is related to the quality of the knowledge

Each of the knowledge that is owned by a person who knows the objects seen from the

types of knowledge is built. The meaning is that knowledge in the form of:

a) The knowledge of the ordinary knowledge, the first stage of knowledge always

have the right value, as far as the means to obtain the normal knowledge .
b) Scientific knowledge, the truth of the scientific knowledge always has an updates

accordance with the results of the most the end research and get the approval of

the kind scientists.

c) The knowledge of philosophy, the type of knowledge that its approach through the

methodology of the philosophical thought which the fundamental and

comprehensive with the model of thought analytical, critical, and speculative .

d) The truth of the knowledge that is contained in the knowledge of religion.

Religious Knowledge has the nature of dogmatic, means the statement in a religion

always unapproachable Deity by the belief, so the statements in the scriptures

religions have truth value accordance with the confidence that is used to

understand it.
2) The truth that is associated with the nature or characteristics of how to or with the tools

used to build someone knowledge.

The truth that is associated with the nature and characteristics of the how to or what tools

used to build someone knowledge whether he build with sense experience, or with the appliance

think or intuition, or beliefs. If someone build knowledge through sensations, on when it proves
the truth of knowledge must be through the sense experience, so also the other way. A person is

not able to prove the contents of the truth that was built by the intuitive, proven in other ways.

3) The truth that is associated over the dependence of knowledge

This means that how the relationship between the subject and object, which is the dominant

to build knowledge of the subject and its object. In fact the truth that is produced through a

knowledge is very dependent on the quality of the knowledge (ordinary knowledge, scientific

knowledge, knowledge philosophy, knowledge that have the values of religion) , or nature of the

characters about how or the tools used to build their knowledge or there is a dependency for this

knowledge.

That the Truth is relative. Relativity the truth depends on the corner of the knowledge that

belongs to man to assess the corresponding object. But if the truth is the result of the research of

science, then the object must have the criteria in accordance with the role and function, or in

accordance with a logical situation. The value of the truth through the research of science must

be realistic and open for review.

When science and truth outlined in the epistemology approach, the question is how to build

the construction of the law and the truth itself, especially in the reality of life. The truth which

described as something that is absolute and relative will face the reality of truth itself when

stipulated in the form of the rules, norms, or law.

The absolute law of it nature cannot be stipulated in the law that will govern the life of the

community. The value of the truth contained in or stipulated in a legal norms is very flexible in

responding the value of existing interests in round about, so that the truth that it contains is truth

relative.