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All Journal Jurnal Restorasi: Hukum dan Politik
Yosep Copertino Apaut
Sekolah Tinggi Ilmu Hukum Cendana Wangi, Indonesia
Law, Crime, Criminology & Criminal Justice

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Analysis of the Ethics of Justice in the Philosophy of Law in the View of Thomas Aquinas Yosep Copertino Apaut
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
Publisher : Jurnal Restorasi : Hukum dan Politik

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Abstract

This research aims to determine the ethics of justice in legal philosophy according to the views of Thomas Aquinas.The research method used in this research is a normative legal research method through descriptive literature study utilizing library sources to collect data. How to collect data for this research,researchers collect materials such as books, articles, journals and writings of experts to study and understand the theory after data collection,the researcher will analzqe and add important information that is appropriate to the study. The method of analysis through a historical and philosophical approach to the relationship of natural law in people’s lives, to the basic changes regarding the role of law as ius quia iussum to jus quai iustum and the impact of legal philosophy according to Thomas Aquinas, can build legal methods that are more just and honest, and create a more balanced society, harmony and prosperty.
The Role of Legal Philosophy in Building a Fair and Just Legal System (Examining the Legal System in Lawrence M. Fiedman's theory) Yosep Copertino Apaut; Egiony Saunoah
Jurnal Restorasi : Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Restorasi : Hukum dan Politik, October 2025
Publisher : Jurnal Restorasi : Hukum dan Politik

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This paper examines the role of legal philosophy in building a just and fair legal system in Indonesia. Legal philosophy, as a critical reflection on the nature, purpose, and fundamental values of law, provides normative and ethical foundations for the formulation and enforcement of legal norms. The main issue addressed is the weakness of law enforcement in Indonesia, which is often influenced by corruption, political intervention, and the lack of integrity among law enforcement officers, thereby deviating from the ideals of justice. The study employs a normative research method through literature review, analyzing classical to modern philosophical thoughts as well as Lawrence M. Friedman’s legal system theory, which consists of structure, substance, and legal culture. The findings show that the effectiveness of the legal system is not solely determined by statutory regulations but also depends on the integrity of legal institutions and the prevailing legal culture in society. Therefore, legal philosophy plays a crucial role as a reflective instrument to ensure that law achieves its fundamental goals of justice, legal certainty, and utility in a balanced manner.
The Position of Living Law in Society as a Source of Criminal Law According to Law Number 1 of 2023 Yosep Copertino Apaut
Jurnal Restorasi : Hukum dan Politik Vol. 4 No. 01 (2026): Jurnal Restorasi : Hukum dan Politik, 2026
Publisher : Jurnal Restorasi : Hukum dan Politik

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The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a fundamental transformation of Indonesia's criminal law system through explicit recognition of living law as a source of criminal law. This normative juridical research analyzes the position of living law in the national legal hierarchy, its mechanism of application as a basis for punishment, and its implications for human rights protection and the principle of equality before the law. The research findings indicate that living law obtains normative legitimacy through Article 2 of the National Criminal Code with formalization mechanism through Regional Regulations requiring conformity with Pancasila values, human rights, and empirical validation. The transformation of the legality principle from formal to material reflects efforts to balance legal certainty with substantive justice in the context of Indonesian legal pluralism. Recognition of living law brings juridical implications including expansion of criminal law sources, changes in the role of judges in interpreting law, and potential differences in legal treatment across regions that must be safeguarded against discrimination. Implementation problems include tension between the dynamic characteristics of customary law and the static nature of regulations, complexity in determining territorial boundaries of application, and risks of bureaucratization that can eliminate the philosophical values of customary law. Improvements in implementing regulations, establishment of special supervisory bodies, and capacity building for law enforcement officers are needed to ensure proportional, just application of living law that respects citizens' constitutional rights.
Co-Authors Egiony Saunoah