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All Journal Media Hukum Indonesia (MHI)
Ovhelya Audrey Rondang Girsang
UPN “Veteran” Jakarta
Law, Crime, Criminology & Criminal Justice

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Keadilan Pancasila dalam Perspektif Filsafat Hukum: antara Idealitas dan Realitas Penegakan Hukum Ovhelya Audrey Rondang Girsang; Elisabet Nauli Pane
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22724117

Abstract

Epistemologically, Pancasila justice is rooted in the values of belief in God, deliberation leading to consensus, and the nation’s socio-historical experience, which are justified through the coherence and correspondence approaches as a synthesis between natural law and legal positivism. Axiologically, Pancasila justice prioritizes substantive justice as its primary orientation without neglecting legal certainty and utility. This study also found that the gap between the ideal and the reality of the application of Pancasila justice is caused by five main factors: the dominance of the positivist-legalistic paradigm among law enforcement officials, the legacy of a legalistic colonial legal culture; weak institutional capacity and human resources; socio-economic structural inequalities that limit access to justice for marginalized groups; and a lack of consistency in national legal policy regarding the integration of Pancasila values into legislation. This study recommends the need to reconstruct a legal paradigm oriented toward substantive justice, strengthen institutional capacity, and ensure consistency in national legal policy so that Pancasila justice can be more fully realized in legal practice in Indonesia.
Co-Authors Elisabet Nauli Pane