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All Journal PKn Progresif Jurnal Filsafat Jurnal Filsafat Jurnal Hukum dan Peradilan Sapientia Humana : Jurnal Sosial Humaniora International Review of Humanities Studies
Rizal Mustansyir
Unknown Affiliation
Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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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

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.
Acting Rightly For The Right Reason: Joseph Raz’s Philosophical Thoughts About Authority Artha Debora; Mustansyir, Rizal; Tjahyadi, Sindung; Muthmainnah, Lailiy
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.629-650

Abstract

A philosophical analysis of Joseph Raz’s conception of authority critically examines his claim that the obligation to obey the law is not absolute and is put as the main concern of this article. It highlights the inherent tension between legal rules and moral justification, the raising question of whether a legal system can maintain legitimacy without a convincing ethical foundation. For Raz, authority recognized within a legitimate legal system cannot rely solely on rule-based commands; it must also guide individuals in making morally sound decisions, especially in complex and conflicting circumstances. The article examines how legal systems can building public trust not merely through authoritative resolution, but by reflecting justice-oriented values realized by society., According to Raz, authority achieves legitimacy when it enables individuals to act rightly for the right reasons. Thus, law should not be viewed solely as an instrument of power, but as a moral framework fostering ethical responsibility. The article concludes that legal legitimacy requires the integration of moral values into both legal reasoning and practice, ensuring that authority is not only legally binding but also ethically accountable.
Co-Authors Artha Debora Lailiy Muthmainnah Misnal Munir Silalahi, Artha Debora Silalahi, Artha Debora ADS Sindung Tjahyadi Siti Murtiningsih