Postcolonial and Postmodern Analysis: The Science of Law Paradigm and Deconstruction of Colonial Legacy in Construction of Thought in Judicial Institution

The colonial era marked the beginning of contact between Western civilization and "the others," which not only resulted in the exploitation of natural resources and culture but also in the legacy of systems and structures of thought. This paper highlights how this colonial legacy, particularly within legal institutions, shapes a mindset that remains positivistic and rooted in the "science of law" paradigm. An empirical example presented is the 2012 decision by the Constitutional Court of the Republic of Indonesia (MK) to reject a legal challenge against the Higher Education Law (UU DIKTI). This decision reflects a legal positivism that fails to critically examine the "genealogy" or origins of the law, focusing instead on formal legality. This trend is a reflection of the hegemonic construction of thought inherited from colonialism, where law is isolated from social, political, and economic variables. The author suggests that postmodern deconstruction could help dismantle this hegemony, but postcolonial analysis is more relevant in the context of former colonial countries. Postcolonialism allows for a critique of the existing construction of thought and provides space to rebuild meaning in a more contextually appropriate way for local realities.