Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Kedudukan Filsafat Hukum Dalam Pembentukan Politik Hukum Negara Sebagai Upaya Mewujudkan Keadilan: Kedudukan Filsafat Hukum Dalam Pembentukan Politik Hukum Negara Sebagai Upaya Mewujudkan Keadilan

Farikha Ramadani, Firda (Unknown)
Adiluz Permana, Mario (Unknown)
Kusuma Wardani, Berliana (Unknown)



Article Info

Publish Date
13 Sep 2025

Abstract

Legal philosophy plays a strategic role in shaping the direction and orientation of state legal policy, particularly in realizing the ideals of justice. As a branch of philosophy that studies the nature of law, its underlying values, and the purpose of its formation, legal philosophy serves as a normative foundation that guides policymakers so that legal products are not merely legal-formal, but also full of moral and humanitarian values. State legal politics is essentially the state's policy and strategy in forming, implementing, and enforcing laws to achieve certain goals idealized by the constitution. In this context, legal philosophy provides a conceptual framework for determining the principles of justice to be realized, both based on classical theories of justice such as distributive , commutative , and legal justice according to Aristotle, as well as modern theories such as social justice ala John Rawls . The relationship between the two is complementary: legal philosophy provides ethical justification and value direction, while legal politics translates them into applicable positive norms. This research uses a juridical-normative approach with a literature review of legal philosophy theories, legal politics concepts, and the practice of law formation in Indonesia. The study's findings indicate that the absence of a strong philosophical foundation in legal politics has the potential to produce legislation that is unequal, inconsistent, or even contrary to society's sense of justice. Conversely, integrating legal philosophy into the legal policy formulation process can produce a more responsive, humanistic, and just legal system, in accordance with the mandate of the Preamble to the 1945 Constitution and Pancasila as the source of all sources of state law. Thus, legal philosophy is not merely theoretical, but also a crucial instrument in social engineering through law, to ensure the creation of a just, prosperous, and dignified society.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...