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All Journal JUDGE: Jurnal Hukum Jurnal Multidisipliner Kapalamada
Andi Wibowo
Universitas Muhammadiyah Kalimantan Timur
Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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THE DIALECTIC OF POSITIVISM AND SUBSTANTIVE JUSTICE: THE PANCASILA RULE OF LAW PARADIGM Elviandri; Muhammad Amin; Demitha selvira amellia; Ricky Indrawan safutra; Andi Wibowo
Judge : Jurnal Hukum Vol. 6 No. 04 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i04.1777

Abstract

This study examines the dialectic between legal positivism and substantive justice within the framework of the Pancasila legal state paradigm as an effort to find a balance between legal certainty and substantive justice. The background of this study stems from the hegemony of legal positivism in Indonesia, which emphasizes formal and procedural legality, often neglecting the aspect of substantive justice that is at the core of the Pancasila legal ideal. In practice, law tends to stop at normative certainty (law in books), without touching on the values of humanity and justice that exist in society (law in action). The urgency of this study lies in the need to reposition Pancasila as a grundnorm and ethical foundation to return the orientation of Indonesian law to substantive justice, not merely formal justice. The research method used is juridical-normative with a legal philosophy and conceptual hermeneutics approach, which interprets law as das sollen (what should be). The results of the study show that rigid legal positivism has created a gap between legal certainty and substantive justice. The Pancasila legal paradigm presents itself as an integrative model that unites legal certainty and moral justice, positioning law not merely as an instrument of power, but as an ethical and spiritual means to uphold civilized justice. Thus, the Pancasila legal state offers a philosophical foundation for harmonizing positive norms and substantive values of justice in the national legal system.
KEARIFAN EKOLOGIS LOKAL SEBAGAI ALTERNATIF MODEL PEMBANGUNAN BERKELANJUTAN DI TENGAH INDUSTRIALISASI Dion Ario; Swandi Aliverchan S; Andi Wibowo; Predy Gunawan; Aullia Vivi Yulianingrum
Jurnal Multidisipliner Kapalamada Vol. 4 No. 04 (2025): JURNAL MULTIDISIPLINER KAPALAMADA
Publisher : Pusat Studi Ekonomi, Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/kapalamada.v4i04.2013

Abstract

This study examines the role of local ecological wisdom as an alternative model for sustainable development amid the dominance of modern industrialization, which often leads to environmental degradation and social inequality. The research adopts a qualitative approach using a literature-based study design, combining conceptual analysis with a political ecology perspective to explore the relationships among industrialization, power dynamics, and natural resource governance. The findings indicate that local ecological wisdom embedded in indigenous communities—such as customary norms, conservation traditions, and community-based resource management systems—plays a significant role in maintaining ecological balance, strengthening social cohesion, and preserving cultural identity. Integrating local wisdom into development policies is therefore considered relevant for mitigating the negative impacts of industrialization and promoting more just, inclusive, and sustainable development. This study provides analytical and normative contributions to the discourse on sustainable development and environmental governance rather than generalizable empirical conclusions.
Co-Authors Demitha selvira amellia Dion Ario Elviandri, Elviandri Muhammad Amin Predy Gunawan Ricky Indrawan safutra Swandi Aliverchan S