Marzuki Irham
Postgraduate Program, Master of Law, Tomakaka University

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Legal Politics and the Dilemma of Legal Certainty and Justice: A Normative Analysis in the Indonesian Legal System Marzuki Irham; Muh. Ramli
Journal AGENCY Vol. 6 No. 1 (2026): January 2026
Publisher : Pustaka Digital Indonesia

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This study examines the role of legal politics in ensuring legal certainty and achieving substantive justice within the Indonesian legal system. Although legal politics serves as a fundamental guideline in the formulation and enforcement of laws, tensions frequently arise between the demands of legal certainty and the pursuit of justice due to political influence in the legislative process. This study aims to analyze how legal politics shapes law-making and to identify the challenges in balancing these two legal objectives. This research employs a normative juridical method, using statutory, conceptual, and theoretical approaches to analyze legal norms, doctrines, and relevant scholarly works. The analysis focuses on the interaction between political configurations, institutional integrity, and the resulting legal framework. The findings reveal that legal politics plays a strategic role in determining the direction, substance, and priorities of legislation, thereby influencing the realization of legal certainty and justice. However, the dominance of political interests, regulatory disharmony, and weak law enforcement often undermine these objectives. The study also finds that an overemphasis on formal certainty may lead to substantive injustice, highlighting the need for a balanced approach. This study contributes to the discourse by emphasizing the importance of justice-oriented legal politics that integrates formal certainty with substantive fairness. It recommends strengthening institutional integrity, enhancing public participation, and ensuring consistency in legal policy to achieve a more equitable and predictable legal system.
The Role of Sociology of Law in Promoting Social Order: A Socio-Legal Perspective Muh. Sabir; Mukhlis Achmad; Ahmad Fadli; Marzuki Irham
Journal AGENCY Vol. 6 No. 2 (2026): July 2026
Publisher : Pustaka Digital Indonesia

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The sociology of law provides an interdisciplinary framework for understanding how legal norms interact with social values, institutions, and human behavior in shaping social order. Despite the existence of comprehensive legal regulations, many societies continue to experience low legal compliance, social conflicts, and inconsistent law enforcement, indicating that legal effectiveness depends not only on normative validity but also on social acceptance. This study aims to examine the role of the sociology of law in promoting social order by analyzing the relationship between legal awareness, legal culture, and the implementation of state law within diverse social contexts. The research employs a normative legal method complemented by a socio-legal approach through the analysis of legislation, legal doctrines, and relevant scholarly literature. The findings demonstrate that social order is more likely to be achieved when legal norms are formulated and enforced in accordance with prevailing social values, cultural traditions, and community expectations. The sociology of law contributes to improving legal effectiveness by strengthening public legal awareness, fostering trust in legal institutions, and integrating state law with living law practiced within society. Furthermore, the study reveals that legal compliance is influenced by the quality of law enforcement, public participation, legal education, and the legitimacy of legal institutions. It concludes that a socio-legal perspective is essential for developing responsive legal policies capable of balancing legal certainty with social justice. Integrating sociological insights into lawmaking and enforcement can enhance legal legitimacy, encourage voluntary compliance, and promote sustainable social order in democratic and pluralistic societies.