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Beyond the 'Greatest Happiness Principle': Exploring the Compatibility of Individual Rights and Utilitarian Ethics in Legal Policy Making Alvan Rahfiansyah Lubis; Mochammad Ra’afi Nur Azhami
Enigma in Law Vol. 3 No. 1 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i1.78

Abstract

Utilitarianism, a consequentialist ethical theory, has been influential in shaping legal policies by emphasizing the maximization of overall happiness. However, its compatibility with individual rights, which are often considered fundamental and inviolable, remains a contentious issue. This paper delves into the complex relationship between individual rights and utilitarian ethics in legal policy making, exploring the potential for conflict and reconciliation. The study employs a qualitative research methodology, combining conceptual analysis and case studies. It analyzes key philosophical texts on utilitarianism and individual rights, examining the arguments for and against their compatibility. Additionally, it investigates real-world legal policies, such as those related to public health, national security, and criminal justice, to assess the practical implications of integrating utilitarian and rights-based approaches. The analysis reveals that while utilitarianism and individual rights can sometimes clash, there are also avenues for harmonizing them. The 'Greatest Happiness Principle,' which underpins utilitarianism, can be interpreted in ways that accommodate and even support individual rights. For instance, the recognition of certain basic rights can be seen as essential for maximizing long-term societal well-being. In conclusion, the compatibility of individual rights and utilitarian ethics in legal policy making is not an all-or-nothing proposition. It requires careful consideration of the specific context, balancing the potential benefits of maximizing overall happiness with the imperative of protecting fundamental rights. By acknowledging the complexities and nuances of this relationship, legal policymakers can strive for a more just and equitable society.
ANALISIS YURIDIS TERHADAP PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI NOMOR 33/PID.SUS-TPK/2025/PN PLG TENTANG PENYALAHGUNAAN WEWENANG DALAM PENERBITAN IZIN USAHA PERKEBUNAN (PENDEKATAN KASUS DAN PERUNDANG-UNDANGAN) Alvan Rahfiansyah Lubis
Jurnal Riset Multidisiplin Edukasi Vol. 2 No. 12 (2025): Jurnal Riset Multidisiplin Edukasi (Edisi Desember 2025)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v2i12.1290

Abstract

This research aims to analyze the legal application in the Decision of the Corruption Crime Court No. 33/Pid.Sus-TPK/2025/PN Plg, which sentenced Dr. Ridwan Mukti, former Regent of Musi Rawas, for corruption in the form of abuse of authority in granting plantation business permits to PT. Dapo Agro Makmur. This study uses a normative juridical method with case and statutory approaches. Data were obtained through literature studies by analyzing court decisions, statutory provisions, and relevant legal literature. The results show that the element of abuse of authority was proven based on formal evidence and judicial consideration. Although material state loss could not be proven, the defendant’s actions violated the principles of legality, propriety, and good governance. The court sentenced him to two years and six months imprisonment and a fine of five hundred million rupiahs as legal accountability. This research concludes that consistent legal enforcement against public officials is essential to prevent misuse of administrative authority and to uphold integrity and justice in public governance.