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All Journal Jurnal Suara Hukum Lampung Journal of International Law (LaJIL) SASI
Tee-Anastacio, Princess Alyssa D.
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Law, Crime, Criminology & Criminal Justice

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Legal Philosophy’s Role in Human Rights and Fiscal Governance: Indonesia and the Philippines Comparative Insights Aneta, Yanti; Aneta, Asna; Tohopi, Rustam; Hulinggi, Pebriyanto A.; Tee-Anastacio, Princess Alyssa D.
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p437-462

Abstract

 This article addresses the critical gap in the insufficient integration of legal-philosophical principles—such as justice, equity, and the rule of law—into local fiscal policy frameworks. This research adopts a normative-juridical method with a comparative and conceptual approach. Data were analyzed through classical and contemporary legal-philosophical perspectives to evaluate the extent to which legal norms are either upheld or neglected in budgeting processes and fiscal governance. The findings reveal that Indonesia’s legal framework emphasizes decentralization and participatory budgeting but lacks mechanisms to ensure rights-based fiscal priorities. Conversely, the Philippines exhibits stronger civil society engagement in local fiscal issues but faces challenges of legal fragmentation and weak enforcement. Both countries demonstrate a limited philosophical foundation in fiscal policymaking, which undermines the realization of social and economic rights.This study concludes that embedding legal philosophy into local fiscal governance is essential for advancing the substantive fulfillment of human rights. The article recommends the institutionalization of rights-based budgeting principles, enhanced legal education for local officials, and stronger normative alignment between decentralization laws and human rights obligations.
Legal Politics of Handling Children as Perpetrators of Criminal Acts: A Comparison of Indonesia and the Philippines from the Perspective of Customary Law and Children's Rights Raodiah, Raodiah; Wardani, Dian Eka Kusuma; Muhiddin, Nurmiati; Tee-Anastacio, Princess Alyssa D.
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3394

Abstract

Introduction: The treatment of children as perpetrators of criminal acts has become a significant issue in the development of modern law, particularly with regard to the protection of children’s rights and the integration of local values. Indonesia and the Philippines, as countries with different legal traditions, present an important dynamic for study.Purposes of the Research: The purpose of this research is to analyze the differences in the legal politics of Indonesia and the Philippines in addressing juvenile offenders, focusing on the implementation of diversion in Indonesia and the juvenile justice system in the Philippines, while also examining the integration of customary or community-based mechanisms and the protection of children’s rights in both jurisdictions.Methods of the Research: This study employs normative legal research with comparative and conceptual approaches. Data were collected through literature review of statutory provisions, academic doctrines, scholarly literature, and relevant international instruments on children’s rights. The analysis was conducted qualitatively and descriptively to compare norms, practices, and the implications of legal politics in both countries.Results of the Research: The findings of this study demonstrate that the legal politics of both countries, through the integration of customary law and the protection of children’s rights, serve as a fundamental basis for the normative framework in addressing children as perpetrators of criminal acts. In Indonesia, customary law is implicitly integrated through the mechanism of diversion as regulated in Laws of the Juvenile Criminal Justice System. In contrast, in the Philippines, customary or community-based law is explicitly integrated by involving the barangay tanod in handling juvenile offenders during the diversion process under the Juvenile Justice and Welfare Act of 2006 (RA 9344). These findings contribute to advancing Indonesia’s legal policy toward a more humane, inclusive, and internationally aligned juvenile justice system.
Integrating State Sovereignty and International Obligations: A Comparison of Indonesian and Philippine International Law into Domestic Constitutional Systems Adnyani, Ni Ketut Sari; Suryana, Kadek Dedy; Wiratini, Ni Made; Dantes, Komang Putri Komang Febrinayanti; Tee-Anastacio, Princess Alyssa D.
Lampung Journal of International Law Vol. 7 No. 2 (2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i2.4909

Abstract

Indonesia and the Philippines integrate international law into their constitutional systems to uphold global commitments, protect human rights, and strengthen the rule of law. This study examines how both countries regulate state sovereignty and position international obligations within the national legal order by addressing two questions: how sovereignty is constructed in the Indonesian and Philippine constitutions and how each state views the relationship between sovereignty and international obligations; and how international law, including treaties and customary rules, is integrated into their domestic legal systems. Using a normative-comparative approach, the study analyzes similarities and differences in the acceptance, ratification, and implementation of international norms at the national level. The findings indicate that although both countries uphold state sovereignty, they differ in how international law is adopted and given binding force. These differences demonstrate how constitutional structures and political-legal orientations influence the implementation of international obligations and shape the relationship between national and international law.
Co-Authors Asna Aneta Dantes, Komang Putri Komang Febrinayanti Dian Eka Kusuma Wardani Hulinggi, Pebriyanto A. Muhiddin, Nurmiati Ni Ketut Sari Adnyani Ni Made Wiratini raodiah, raodiah Suryana, Kadek Dedy Tohopi, Rustam Yanti Aneta