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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.
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

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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.