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All Journal Jurnal Filsafat Yustisia Jurnal Filsafat Humaniora Sapientia Humana : Jurnal Sosial Humaniora International Review of Humanities Studies
Rizal Mustansyir
Unknown Affiliation
Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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EXPLORING THE ONTOLOGICAL BASIS OF LAW: JOSEPH RAZ'S VIEWS ON NORMATIVITY WITHIN THE FRAMEWORK OF LEGAL REALISM Silalahi, Artha Debora ADS; Mustansyir, Rizal; Tjahyadi, Sindung
International Review of Humanities Studies Vol. 10, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study explores the moral ontology of law within the framework of Legal Realism, contextualizing law as both a social institution and an institution of justice. Drawing on Joseph Raz's perspectives on practical reason, normativity, and the foundations of norms, the analysis examines how law, as a practical guide, inherently carries moral dimensions in regulating social interactions and pursuing justice. Legal Realism frames law as a dynamic product of human interaction within a social context, while Raz's philosophical insights illuminate the interplay between practical reasoning, normativity, and legal structures. By focusing on the moral underpinnings of legal norms, this paper seeks to address how law as an institution can uphold social legitimacy while meeting the demands of justice. The analysis offers a conceptual framework to understand the role of moral ontology in modern legal systems, particularly in navigating legal pluralism and societal complexity.
From Authority to Justification: The Epistemological Foundations of Joseph Raz’s Legal Philosophy Silalahi, Artha Debora; Mustansyir, Rizal; Tjahyadi, Sindung
Jurnal Filsafat "WISDOM" Vol 35, No 1-2 (2025): Special Issue 2025: Law and Politics
Publisher : Fakultas Filsafat, Universitas Gadjah Mada Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/jf.105256

Abstract

This article examines the intrinsic relationship between law and values through the lens of legal epistemology, focusing on Joseph Raz’s legal philosophy. It investigates how judicial interpretation, shaped by epistemological foundations, influences legal reasoning and outcomes. Central to the discussion are normative challenges in adjudication such as ambiguity, uncertainty, and moral conflict. It also discusses how Raz’s thought of legal authority and the chain of validity among norms provide a framework for evaluating the legitimacy and justification of legal decisions. Raz argues that legal authority must offer independently justified reasons for action, reinforcing the law’s role in maintaining social order. The article further examines how legal structures shape and sustain societal values, positioning legal epistemology not only as a tool for understanding the basis of authority but also as a normative foundation for aligning legal principles with societal values. In conclusion, the research affirms that a robust epistemological approach to law, as proposed by Raz, is crucial for ensuring legitimacy and fairness in legal systems, making legal epistemology indispensable in affirming the normative force of law in contemporary society.
Navigating the Democratic Crisis: Indonesia’s Journey Through Political Ethics, Law, and Social Change Silalahi, Artha Debora; Rizal Mustansyir; Sindung Tjahyadi; Siti Murtiningsih
Sapientia Humana: Jurnal Sosial Humaniora Vol 4 No 02 (2024)
Publisher : Universitas Katolik Parahyangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26593/jsh.v4i02.8547

Abstract

This article explores the crisis narrative surrounding the erosion of democracy in Indonesia, with a particular emphasis on political and ethical responsibilities. It examines the prevailing consensus on the consequences, factors, and conceptualization of democracy, especially concerning political trust and ethical governance. The discussion underscores how democracy evolves by deconstructing and reshaping societal structures, drawing on Kantian philosophy and the core pillars of democratic society. The paper highlights the inherent flaws in democratic principles, demonstrating how these imperfections permit varying degrees of freedom within societal practices. It advocates for the value of cultivating a culture of open, public discourse aboutcollective societal objectives. However, it also points out that the actual practice of lawmaking, implementation, and enforcement often deviates from its doctrinal ideals, particularly when the law’s purported impartiality contrasts with its impact on marginalized communities. These inconsistencies are examined as outcomes of the exercise of political power, illustrating that the law is shaped by political morality and legitimacy rather than being wholly independent. Furthermore, the article delves into the decline of democracy by engaging in dialogue about the process of its deterioration, rather than simply questioning the reasons behind it. This study also explores democracy and philosophy both in theory and practice, framing law as a reflective inquiry into the democratic process. Ultimately, it advocates for the political concepts of democracy to be subjected to scientific analysis and validation.
Philosophical Values and Processes of Religious Tolerance in Nyarumkop Village, Singkawang, West Kalimantan Mustansyir, Rizal; Tazkiyah, Era
Humaniora: Journal of Indonesia Culture and Society Vol. 16 No. 1 (2025): Humaniora
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/humaniora.v16i1.12234

Abstract

The purpose of the research is to provide a description and analysis of the processes that led to the establishment of philosophical ideals and tolerance in the Nyarumkop village in Singkawang, West Kalimantan. The research technique employed is qualitative, based on Paul Ricœur's hermeneutic-phenomenological approach. This methodology aims to understand the significance embedded in the symbol of tolerance, which is linked to the context of social existence. In addition, the Aristotelian method of philosophical inquiry employs the Golden Mean as the Middle Way between two extreme poles in the process of decision-making or action-taking, which ultimately leads to arete, which is synonymous with perfection. Several religious leaders from Nyarumkop Village were interviewed to determine the information based on the criteria provided by the researchers. During the research, the methods used for data collection included documentation, interviews, and observation. The findings of the research suggest that tolerance is the key to achieving harmony within the Nyarumkop village, which is renowned for its rich religious and ethnic diversity. Religious discussion is a crucial component in fostering tolerance and understanding. The Nyarumkop village holds four significant parts of the philosophical principles. These include the spirit of kinship, friendship, mutual collaboration, and the empowerment of communal life via the economy, as well as tourism's role in Nyarumkop village.
Axiological Insights into Unveiling Independent Constitutional Judge Decisionism Silalahi, Artha Debora; Mustansyir, Rizal; Tjahyadi, Sindung; Maharani, Septiana Dwiputri
Yustisia Vol 13, No 3: December 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i3.85127

Abstract

This study analyzeshow axiological principles such as justice, utility, and justice influence judicial decisions and impact the credibility and effectiveness of the legal system. Critically analyzing case studies and theoretical perspectives examines the interplay between judicial independence and accountability. The article emphasizes the role of values in shaping laws, advocating for consistency and consideration of consequences in judicial decision-making. It argues that moral and ethical principles are central to judicial discretion, ensuring that decisions align with societal values and legal integrity. This nuanced analysis contributes to the discourse on how value-driven decision-making enhances the coherence and legitimacy of the legal system, offering insights into the balance between judicial autonomy and responsibility
Co-Authors Lailiy Muthmainnah Misnal Munir Septiana Dwiputri Maharani Silalahi, Artha Debora Silalahi, Artha Debora ADS Sindung Tjahyadi Siti Murtiningsih Tazkiyah, Era