Nuraharja Adi Partha, Putu Gde
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Ideal Concept In The Implementation Of Legal Philosophy In The Perspective Of Sociological Jurisprudence In Indonesia Nuraharja Adi Partha, Putu Gde; Lia Puspita, Putu; Rato, Dominikus
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.371

Abstract

The philosophical thought of law in a new paradigm that identifies reason as the primary source of law, emphasizing rationality and humanism in the development of modern law. This emphasizes the inseparability of law from social life and the formation of legal values within communities, shaping norms that guide social behavior and reflect the essence of law. The discussion extends to studying indigenous communities, especially in Kalimantan, where customary law arises from experiential actions, recognized and regulated by the Indonesian constitution, acknowledging the existence of written and unwritten laws within the framework of customary law. The research method used is normative juridical with a conceptual approach based on these issues. The research findings indicate that the conception of legal philosophy studies related to Sociological Jurisprudence becomes important because it enables law to become an instrument that promotes social justice and equality, recognizing that law must reflect respected social values and be executed within society based on the thoughts of Hugo Grotius regarding justice, equality, and human rights, grounded in rationality and humanism, emphasizing the need to treat individuals with respect and consider the welfare of society. The implementation of Hugo Grotius's thought in Indonesia has made a significant contribution to a paradigm shift in legal construction, particularly related to Sociological Jurisprudence. Grotius emphasizes the importance of rational law that does not solely rely on dogma or religious beliefs. His views on justice based on reason and human rights as an integral part of natural law have shaped a modern legal perspective that prioritizes justice and equality. Grotius's thoughts are highly relevant, especially in efforts to build a fair legal system based on morality.
Dynamics Of Legal Aid Provision In The Indonesian Criminal Justice System: A Comparative Study Of The Netherlands, Australia, And South Africa Nuraharja Adi Partha, Putu Gde; Lia Puspita, Putu; Setyawan, Fendi
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.372

Abstract

The Dynamics of Legal Aid Provision within the Legal System Aimed at Providing Limited Access to Justice and Referring to Core Principles Including Presumption of Innocence, Right to Know the Nature of Charges Against the Defendant, and Ability to Effectively Defend Against Those Charges in a Fair and Open Trial by an Independent and Impartial Court. The legal research method used in this study is normative juridical research that refers to the legal basis related to legal norms applicable in a country. This research approach uses legislative and comparative approaches regarding legal aid provision in Australia, the Netherlands, and South Africa. The research findings indicate that legal aid provided by lawyers representing their clients to provide legal assistance is at the core of the right to fair trial and must be provided to anyone as a concrete manifestation of the principle of equality before the law. Therefore, access to justice is not only for those with high social status but also for lower- and middle-class individuals who have economic limitations and have the same right to be treated fairly under the law. Based on these aspects, this paper will comprehensively discuss legal aid provision in the criminal justice system in the Netherlands, Australia, and South Africa.