Critisism of The Juridical Positivism Paradigm on The Meaning of Pornography In The Judge Mindset

. Pornographical in the way of lex spesialis was regulated in The Law No. 44/2008 and lex generalis loaded on The Criminal Code. The Judge interpreting pornography refer to textual definition of pornography according to the Law No. 44/2008 according the data founded that dominantly on juridical positivist paradigm. Juridical positivist paradigm is not the only one paradigm that used by the judge, moreover related about pornographical, need the change of appropriate paradigm concerning the judge mindset in interpreting pornography recorded to the judge considerations. The aim of this writing is to criticize the judge mindset and social sensitivity in interpreting and handling pornography. This study used qualitative and socio legal research to reveal the judicial considerations textual-contextually. With exposing the textual-contextual meaning of judge’s considerations, it can be traced to the legal paradigm used by judges and need to use appropriate legal paradigm related to the use of social theories that support it. The judge needs to have a non-doctrinal legal science perspective on the correct legal paradigm reform in giving judges consideration to pornographic cases. Judges are more likely shackled to the institutional structure and establishment of the juridical positivism paradigm.


Introduction and Literature Review
The issue of pornography has long been as old as humans inhabit this earth in various forms and ways so that others listen and enjoy and even circulate widely. The etymology of pornography from the word porne means bitch and graphos or graphien, which means pictures or writing and pornography refer to pictures or photos that show the prohibited body parts of women [1]. Often pornography problems are embedded in the elements of eroticism in accordance with the encyclopedia of Britain, pornography is anything that has material material in the form of films, newspapers, writings, etc., which causes or arises.
Today's information technology for the forms and ways of pornography is increasingly varied and adept at modifying aims to attract many viewers to be aroused so that it becomes an acute addictive phenomenon. Included in a large scope is called cbyerporno. The target extends across age, and the main national borders sell well and spread throughout the area.
The pornography arrangement is classically contained in the Criminal Code, especially regarding the moral offenses of articles 282, 283, 532 and 533. But the development of information technology loaded with globalization with a variety of social media, regulating pornography needs to be made specific regulations in the form of laws on pornography. Law No. 44 year 2008 seeks to accommodate the content of pornography in a variety of movements and time and space, which of course applies uniformly formally according to the principle of unification adopted by the Indonesian state.
Pornography law enforcement using Law No. 44 year 2008 was accompanied by an increase in legal knowledge by judges as the last guardian law enforcement officers in making judges 'decisions reflected in the judges' consideration. Judges' consideration is a description of the logic and juristicche juristiche ethics of the judge on the response to legal cases, especially pornography. The judge's paradigm is still dominated by legal positivism which is easier and more measurable using legal interpretation methods and which surfaces in grammatical interpretation of wording and sentences. Whereas the whole method of interpretation needs to be empowered including referring to the cultural and humanitarian approaches that are critical of the legal positivism paradigm. * Corresponding author: fidiyani.rini@gmail.com

Definition of Pornography
Understanding pornography involves the opening of moral norms and cultural values of the local community. The parameter of the definition of pornography is formulated uniformly and definitively as in Law No. 44 year 2008, pornography is a picture, sketch, illustration, photo, writing, sound, sound, moving picture, animation, cartoon, conversation, gesture, or other message form through various forms of communication media and/or performances in public, which contain obscenity or sexual exploitation that violate moral norms in the community. From the contents of the definition or understanding above forms and pornographic media metamorphosed with the development of information technology in this globalization period. Whereas in substance refers to content concerning sexual exploitation which has the weaknesses of subjectivity in the words: "contains:" moral norms "and" society " [2].
Scoping space can someday shift, change and even disappear according to the demands of community cultural development. Oral culture and written culture in the scope of culture will speak active movements can fade and strengthen according to the style and manner conveyed to the community. Including the word "loading" the ability to accommodate during the period of critical questioning, then the phrase moral norms and speech communities also questioned the understanding and ability of cross-country roaming [2]. Questioning the decency norms on cross-term cruising refers to the word meaning regarding the noble values that are believed and adhered to by local people that are easy to occur between communities and between different regions in defining the meaning and content of moral norms inherent in the local community. Moral norms are one manifestation of a cultural framework within the sphere of cultural systems and social systems initiated by Koentjaraningrat [3].
Moral norms that are easy to experience a shift that used to be said to be immoral or pornographic acts in the future are neither assusila or vice versa [4]. Therefore, the definition or definition of pornography is extended to the subject, location, situation when the content of the decency norm is used by the local community within the scope of the meaning of pornography. This happens because Indonesian society is a plural society [5], where they have different morality, customs, norms and religions and even different types of law. To be understood the meaning of pornography needs to be seen in the text and context.
Concrete examples of Sukuh temple relief works in the Karanganyar Regency of Central Java and Borobudur temple have carved human body carvings and carvings between the opposite sex which are displayed in real terms, as an observation of the stages of human life that still prioritize the lust of biological pleasure. The discovery of lingga and yoni artifacts at the shrine that is interpreted is not merely concrete but a symbol of balance and calm from the encounter of Lord Shiwa and Dewi Parvati. Furthermore, the literary works of the book Kamasutra in India take the form of narratives and pictures of the art of making love, in the homeland of the novel Ronggeng Dukuh Panarukan about the life of Ronggeng dancers in the 1960s the condition of being a ronggeng dancer according to the local tradition tradition of giving up her virginity to a man who is not a legitimate husband. The meaning of pornography is relative, because in the scope of meaning includes an understanding of the cultural values adopted by the community and local area. Likewise, the meaning of cross-community pornography and across regions cannot be equated in a region or nation.
The meaning of pornography contains the text and context, not just fixed on the definition or understanding of pornography. A position that views the meaning of pornography cannot be uniformed in every law case, among others, cultural artist, feminist and critical legal observer. The feminism movement is oriented towards the liberation of women's position in order to eliminate and find the formula for equal rights of women and men in all fields according to the potential they possess [6]. Related to the meaning of pornography for the feminist movement is the result of superior male ideology and politics dominated and designed by male logic. Like the sexual politics of both women and men, Plato prioritizes the content of the head rather than the groin section but actually there is a relationship between being ruled and mastering having an intimate erotic encounter in a secret room in the sense of physical and non-physical geographical.
Plato tried to sort out erotic encounters in the body of men and women not from mimicry in a beautiful body but authentic ideas in the form of beauty that resides in the body as well as in other bodies. Here Plato already implies that the body experiences fragmentation into spaces that we can enter in various ways. And the right way for the Plato regime is to enter the space of beauty -not the beauty that arises from intimacy, but from the thoughts or ideas of the beautiful. A beautiful body is just a step. If the idea of beauty is what makes the body beautiful, there is nothing more erotic than loving an idea that is eternal and beyond all forms, namely the beauty itself, therefore Plato agrees to promiscuity behavior [7].

Criticism of the Law Positivism Paradigm
Positivism published this issue from Comte comes from a positive word to be positivism which means knowledge should not exceed the facts [6]. Therefore adherents of legal postivism see the rule of law as only valid because the law gets its positive form from an authorized agency [8]. The law of positivism paradigm views the types and forms of law which are the most superior in the form of state law (state-law) in writing derived from the human ratio. This type of natural law is not a major study especially concerning the legal purpose of justice which is considered to have existed by itself. Whereas aspects of social, cultural, political, economic and ideological sensitivity for the operation of state law are not the main and urgent matters because they can damage the working system of state law. Because the social sensitivity of the legal apparatus is easily dull even though the state law is dealing with fellow human beings, humanizing human beings in law needs to be considered in the enforcement of pornography law.

Objective of Study
The purpose of this study is to map and analyze the mindset of judges through the consideration of judges who strongly adhere to the paradigm of positivism and criticize it in handling legal cases of pornography.

Research Method
Research methods used are qualitative. This approach refers to normative and empirical law to obtain a comprehensive description of the object under study. Primary data sources in the form of humans in actions, events and documents and related archives and others. Data sources that have been obtained are then processed using interactive and non interactive models then analyzed using interactive analysis models.

Discussion
Judges are the determinants of justice for legal cases handled because the public court is the last bastion of justice for litigants who use litigation. All legal remedies are taken for parties who have litigated in winning legal cases, including pornography cases. Pornography contains an injury to the norms of public decency and experiences a shift in meaning and reality at all times, therefore legal apparatuses, especially judges, are required to have excessive mastery in carrying out legal interpretation. This legal interpretation experiences a shift due to changing situations and demands of the times.
The interpretation that dominates the judge in the mindset or paradigm of positivism in the form of grammatical words and sentences is described according to the origin of the word and language. The mastery of grammatical interpretation is no longer sufficient in pornographic cases because the judges consider the content to be biased in meaning and bias of the perpetrator. Judges need to master hermeneutics to uncover first; text, second; text maker, and reader or interpreter of the text. Text interpreters are tasked with exploring what is explicit and implicit behind the hidden meaning of a series of words in the form of text sentences. Hermeneutical work reveals thoughts through words as a medium of delivery.
Decisions of the Legal certainty that is pursued by the legal apparatus is not the main thing precisely in justice and expediency because the expression of artists written on fictional art is related to the uniqueness of local culture. Like the intercourse scene is packed and framed the beauty of art through songs, dances and other symbols Drama Artist Pornography only takes care of human sex which has been taken over by the State so that it kills the creativity of artists and cultural observers in expressing their artistic ideas.
Naked bathing scenes on the river in the art of drama are natural because morality rules allow.