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All Journal Jurnal Filsafat Jurnal Ilmu Sosial dan Ilmu Politik Jurnal Ilmu Sosial dan Ilmu Politik Jurnal Filsafat Jurnal Filsafat Indonesia Jurnal Hukum dan Peradilan
Lailiy Muthmainnah
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Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS FILSAFAT HUKUM ATAS GERAKAN PEMBANGKANGAN SIPIL DALAM KONTEKS MASYARAKAT DEMOKRASI MODERN Muthmainnah, Lailiy
Jurnal Filsafat Indonesia Vol. 6 No. 3 (2023)
Publisher : Undiksha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jfi.v6i3.55610

Abstract

Compliance with the law is generally understood as a necessity so that violation of the law means punishment. In contrast to the usual type of law violation, civil disobedience is often chosen by citizens as a means to voice the aspirations of the community when formally existing channels are deemed unable to work anymore. In the context of modern democratic society, this is interesting to study considering that citizens' obedience to the law is essential and is a logical consequence of the justification of the state through the mechanism of social contracts. Therefore, the civil disobedience movement will raise problems in the context of state legitimacy. This is the focus of the study in this research. The method used in this research is philosophical hermeneutics with methodical elements of interpretation, coherence, holistic, idealization, heuristics, and description. The results of the study indicate that the civil disobedience movement is an attempt by citizens to pressure the government to review moral standards which will later be applied to society through legal mechanisms. In this context, the emphasis is that the law should not only be seen as a formal rule (quid iuris) that must be obeyed by all citizens, but the law must reflect social justice (quid ius). When substantively the existing legal rules are believed to have violated the principles of community justice, civil disobedience is better understood as a moral obligation, not just a right, so that the consequences of punishment can be ignored. The spirit of resistance brought by the civil disobedience movement will always be anchored in the moral awareness of the function of justice in law. Civil disobedience becomes the moral face of lawlessness that has radical transformative power to reshuffle existing institutions or socio-political order. This is an inevitability in the constitutional democratic process that continues to undergo change, refinement, and never final.
Science, Power, and Democracy: A Critical Perspective of Political Influence on Knowledge Production Islami, Moch Zihad; Muthmainnah, Lailiy
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.100391

Abstract

This study aims to explore the relationship between science, power, and democracy. This relationship stems from the fundamental argument that science is always linked to values, whether political, ideological, or even economic interests. While science can contribute positively to transforming public life for the better, it can also give rise to exclusivity and elitism in the scientific community, which can undermine democratic principles and values. This study demonstrates that the relationship between science and politics is ambivalent, as it can both strengthen the legitimacy of public governance and create the risk of technocracy and expert dominance, leading to the public being perceived as lacking adequate epistemic capacity in certain scientific fields. Therefore, efforts are needed to steer science toward a true public interest through the democratization of science, both procedurally and substantively. However, normative boundaries remain crucial: when emerging public values are discriminatory, scientists are obligated to reject them, as they contradict the egalitarian principles that underlie democracy. Furthermore, public trust in science must be maintained by ensuring that the public is fully imagined and involved in the knowledge production process. Thus, public-oriented science must be committed to the values of humanity and equality.
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 Islami, Moch Zihad Rizal Mustansyir Sindung Tjahyadi Sonjoruri Budiani Trisakti