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Journal : Masterpiece Journal Society Service Insight

Legal Politics in the Perspective of the 1945 Constitution of the Republic of Indonesia Mukhlis Achmad; Muh. Ramli; Armawansya; Riyan Adnan Wahyudi; Aslan Syah Mattulanreng
Masterpiece Journal Society Service Insight Vol. 2 No. 1 (2026): February 2026
Publisher : www.amertainstitute.com

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65246/mjssi.v21.495

Abstract

Legal politics constitutes the fundamental state policy that determines the direction, substance, and implementation of law in order to achieve national objectives. In the Indonesian constitutional system, the 1945 Constitution of the Republic of Indonesia serves as the supreme legal foundation guiding the formulation and development of national legal politics. This study examines legal politics from the perspective of the 1945 Constitution and analyzes its implications for the formation of national law. Employing a normative legal research method, this study applies statutory, conceptual, and historical approaches by analyzing constitutional provisions, legislation, legal doctrines, and scholarly opinions. The findings reveal that the 1945 Constitution provides normative guidance and clear limitations for national legal politics, particularly in upholding the principles of the rule of law, democracy, constitutional supremacy, and the protection of human rights. The Constitution not only functions as the highest legal norm but also as a philosophical and juridical framework that directs legal policy toward achieving justice, legal certainty, and social welfare. Furthermore, legal politics grounded in constitutional values significantly influences the substance of legislation, the legislative process, and mechanisms of constitutional review. A constitutional-oriented legal politics ensures that laws are formulated in a democratic, participatory, and accountable manner while remaining consistent with the objectives of the state as stipulated in the Preamble of the 1945 Constitution. Therefore, strengthening constitutional compliance in legal politics is essential to develop a just, responsive, and socially equitable national legal system in Indonesia
Jurisprudence as a Bridge Between Normative Legal Frameworks and Social Realities Basman; Mukhlis Achmad; Ronal Regen; Riyan Adnan Wahyudi; Priyanto; Fajar Abadi Jaya Tadjuddin S; Muh. Ramli
Masterpiece Journal Society Service Insight Vol. 2 No. 1 (2026): February 2026
Publisher : www.amertainstitute.com

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65246/mjssi.v21.497

Abstract

Normative legal frameworks, as codified systems of written rules, are fundamentally designed to ensure legal certainty and uniformity. However, their abstract and static nature often limits their capacity to respond effectively to the dynamic and complex realities of social life. This condition creates a structural gap between law in books and law in action. In this context, jurisprudence—understood as consistently followed court decisions with permanent legal force—plays a strategic role in mediating normative law and lived social realities. This study examines how jurisprudence functions as an adaptive legal instrument capable of filling legal gaps, clarifying ambiguous norms, and contextualizing the application of law in accordance with prevailing social values. Employing a normative legal research method, this study integrates statutory, conceptual, and case-based approaches to analyze judicial reasoning reflected in selected court decisions. The findings demonstrate that jurisprudence serves not merely as a supplementary source of law, but as a dynamic mechanism of legal development through judicial law-making and legal discovery (rechtsvinding). By incorporating considerations of social justice, morality, and societal needs, jurisprudence contributes to balancing legal certainty with substantive justice. Moreover, jurisprudence enhances the responsiveness and legitimacy of the legal system by translating abstract legal norms into concrete, socially relevant rulings. This study underscores the importance of jurisprudence in strengthening the interaction between normative legal structures and social realities, affirming its essential role in the pursuit of a more just, contextual, and adaptive legal order