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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Law, Development and Justice Review
Ridwan, Agusriansyah
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Law, Crime, Criminology & Criminal Justice

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VALIDITY OF THE DIVINE VALUE IN THE PHRASE "IN THE NAME OF JUSTICE BASED ON THE ONE SUPREME DIVINE BEING": (The Dialectic of Hans Kelsen's Pure Theory of Law and the Transcendental Paradigm of Law) Elviandri, Elviandri; Darmawan, Aman; Ridwan, Agusriansyah; Rifandi, Andri; Ryan Tan Hui
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7137

Abstract

This study analyzes the dialectics between Hans Kelsen’s Pure Theory of Law and the transcendental legal paradigm in interpreting the validity of law in Indonesia. According to Kelsen, a norm derives its validity from a higher norm within the Stufenbau des Recht hierarchy, culminating in the Grundnorm, without reliance on morality, politics, or religion. However, in the Indonesian context, legal validity does not rest solely on formal legality but also gains transcendental legitimacy through Pancasila as the basic norm, particularly its first principle of Belief in One Almighty God. This dimension finds juridical manifestation in the phrase “For Justice Based on the Belief in the One and Only God” as inscribed in every judicial decision. The research employs a normative legal method with a philosophical approach. The analysis shows that Kelsen’s positivism, which emphasizes the autonomy of law from external values, undergoes correction within Indonesia’s legal system. The theological phrase in judicial rulings is not a mere formality but an ethical and prophetic foundation that underscores the judge’s responsibility not only in a legal-formal sense but also spiritually before God. Consequently, this study implies that the Indonesian legal system offers an alternative to Kelsenian positivism by integrating transcendental and ethical dimensions into legal validity. This integration reinforces the notion that law in Indonesia cannot be fully understood through positivist logic alone but must also consider divine and moral accountability as intrinsic sources of legitimacy. Practically, this perspective encourages the development of a jurisprudence that balances procedural certainty with spiritual and moral responsibility, shaping a distinctive model of transcendental legal philosophy within the global discourse of legal theory.
Dehumanisasi dan Krisis Kesadaran Hukum di Era Industri Modern: Kajian Sosiologis atas Hilangnya Moralitas dalam Relasi Produksi Ridwan, Agusriansyah; Febianty, Iranda Nadya; Edisam, Kuswandi Dwi Eri; Amellia, Demitha Selvira; Yulianingrum, Aullia Vivi
Law, Development and Justice Review Vol 8, No 3 (2025): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.8.2025.294-310

Abstract

The development of modern industrialization has created new tensions in the social structure, which have weakened human values and the moral legitimacy of law. This study aims to analyze the relationship between dehumanization in production relations and the crisis of legal consciousness, as well as to identify the sociological roots of the loss of morality in legal practice in the modern industrial era. This research is useful in enriching the study of legal sociology and providing a conceptual basis for strengthening the humanistic approach in legal policy and education. This study employs a qualitative method with a literature study approach, analyzing both classical and contemporary theories, as well as secondary data from books and national and international journals related to industrialization, dehumanization, and the transformation of legal consciousness. The findings reveal that the transition from mechanical to organic solidarity has shifted the orientation of law toward a more instrumental and formalistic character. Consequently, law has lost its moral essence and its function as a social balancer, being replaced by the logic of productivity and efficiency that generates anomie and weakens the fulfillment of humanistic values within production relations. The implications of this study emphasize the importance of rehumanizing the law through ethics-based legal education, strengthening community participation in the formation and implementation of law, and promoting legal policies that balance economic interests with social justice and human dignity. The recommendation is that it is very important to implement the concept of legal rehumanization based on social solidarity as a transformative solution to the crisis of moral legitimacy in law in the modern industrial era.
Co-Authors Amellia, Demitha Selvira Darmawan, Aman Edisam, Kuswandi Dwi Eri Elviandri, Elviandri Febianty, Iranda Nadya Rifandi, Andri Ryan Tan Hui Yulianingrum, Aullia Vivi