Al-Adl : Jurnal Hukum
Vol 17, No 1 (2025)

CIVILIZED LEGAL JUSTICE: A STUDY OF LEGAL JUSTICE CONSTRUCTION IN INDONESIAN POSITIVE LAW BASED ON ADAB VALUES

Hasmiati, Rahmatullah Ayu (Unknown)
Yulianingrum, Aulia Vivi (Unknown)
Ardha, Dea Justicia (Unknown)



Article Info

Publish Date
16 Jan 2025

Abstract

This study examines the characteristics of positive legal justice in Indonesia and the use of the concept of adab from the Islamic worldview as an offer to reconstruct legal justice in Indonesia. This research is doctrinal research using inductive-deductive logic using library materials. The data was then analyzed using qualitative methods. The results showed that First, the characteristics of legal justice in Indonesia, which are based on the paradigm of legal positivism, show that the essence of the source of justice comes from written legal norms, namely the law that separates law and morals. In the end, the separation itself is a manifestation of the law of partial justice. Many legal justice ideas have been developed by several legal experts in Indonesia by making efforts to reconstruct positivist legal thought into the context of Indonesian legal thought that reflects the values of justice based on state philosophy and guidelines for the Preamble of the 1945 Constitution, "For the sake of justice based on the Divine The Almighty. Second, Civilized legal justice based on Adab values is then used as an offer to reconstruct the existing positive legal justice so that the new legal justice will be able to reflect all the virtues that come from the highest standards these are wisdom, courage, temperance, and justice. Legal justice as the result of the implementation of the law will have the essence of high virtue values and the requirements for correct knowledge, if implemented, will lead to fair conditions as reflected by Adab.

Copyrights © 2025






Journal Info

Abbrev

aldli

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al - Adl : Jurnal Hukum is a journal that contains scientific writings in the field of law either in the form of research lecturers and the results of studies in the field of law published the first time in 2008 with the period published twice a year. Al - Adl Journal of Law is registered in LIPI ...