Ahmad Fadli
Postgraduate Program, Master of Law, Tomakaka University

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Legal Politics in Indonesia: Ensuring Legal Certainty and Substantive Justice within a Democratic Rule of Law Ahmad Fadli; Muhammad Qasim Hamzah; Priyanto; Fajar Abadi Jaya Tadjuddin S
Journal AGENCY Vol. 6 No. 2 (2026): July 2026
Publisher : Pustaka Digital Indonesia

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Legal politics constitutes a fundamental policy framework that determines the direction of lawmaking, implementation, and enforcement within a democratic rule of law. In Indonesia, achieving a balance between legal certainty and substantive justice remains a persistent challenge due to overlapping regulations, inconsistent law enforcement, and the influence of political interests on legislative processes. This study aims to analyze the role of legal politics in ensuring legal certainty and substantive justice while identifying the principal obstacles affecting its implementation in Indonesia. A normative legal research approach was employed using qualitative analysis of constitutional provisions, statutory regulations, legal doctrines, and relevant scholarly literature. The analysis demonstrates that legal politics serves as the primary instrument for aligning legislation with constitutional values embodied in Pancasila and the 1945 Constitution. Effective legal politics contributes to legal certainty by promoting coherent, transparent, and consistent legislation, while simultaneously supporting substantive justice through the protection of human rights, equal access to justice, and non-discriminatory law enforcement. Nevertheless, the findings reveal that regulatory disharmony, political intervention, institutional inconsistency, and limited public participation continue to undermine the realization of these objectives. The study concludes that strengthening legislative planning, enhancing regulatory harmonization, safeguarding judicial independence, improving law enforcement integrity, and expanding meaningful public participation are essential to developing a legal system that combines predictability with fairness. Such reforms are necessary to reinforce democratic governance, uphold the rule of law, and ensure that legal development in Indonesia remains responsive to constitutional principles and the evolving needs of society.
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.