Cst Kansil Pengantar Ilmu Hukum Dan Tata Hukum Indonesia Patched Site

However, Kansil’s work is not without limitations. In his zeal to create a systematic Tata Hukum , he marginalizes Hukum Adat (customary law). While mentioned in the early chapters on legal history, Adat is treated as a residu (residue) rather than a living system. Furthermore, Kansil’s formalism assumes that if the structure is correct, justice will follow. He underestimates the corruption of procedure and the gap between das Sollen (what ought to be) and das Sein (what is). For contemporary critical scholars, Kansil represents the status quo bias —law as a tool of stability, not social transformation.

This is not a flaw but a feature. The paper argues that Kansil was writing for a specific generation: the birokrat muda (young bureaucrat). The 1970s and 1980s in Indonesia (the New Order era) demanded administrative efficiency. Kansil’s PIH-THI taught students how to categorize a regulation, identify the competent authority ( pejabat yang berwenang ), and challenge an administrative decision through PTUN (Administrative Courts). It was a manual for state-building. Cst Kansil Pengantar Ilmu Hukum Dan Tata Hukum Indonesia