Datuk Sulaiman Law Review (DaLRev)
Vol 6 No 2 (2025): Datuk Sulaiman Law Review (DaLReV)

KEWAJIBAN MORAL DAN KEWAJIBAN HUKUM: KAJIAN FILSAFAT HUKUM DENGAN RELEVANSI BAGI DISKURSUS HUKUM INDONESIA

Haryanto, wawan (Unknown)



Article Info

Publish Date
27 Sep 2025

Abstract

This article examines the conceptual relationship between moral obligation and legal obligation through a normative philosophy of law approach. By analyzing the theories of Hans Kelsen, H. L. A. Hart, Lon Fuller, and John Finnis, the study formulates a conceptual framework for understanding how moral norms and legal norms are interconnected, how they differ, and how they may reinforce one another. Special attention is given to the relevance of this discourse within the Indonesian legal context, particularly in understanding: (1) conflicts between conscience and the duty to obey the law; (2) the foundations of legal legitimacy beyond mere procedural formality; (3) the role of morality in the processes of lawmaking and legal interpretation; and (4) normative critiques of laws deemed unjust. The article concludes that although moral obligations and legal obligations can be conceptually distinguished, a stable and legitimate legal system requires a meaningful integration of moral dimensions as its normative foundation—especially in a pluralistic society such as Indonesia, which recognizes Pancasila as the foundational legal principle embodying moral values.

Copyrights © 2025






Journal Info

Abbrev

dalrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

DALREV : Datuk Sulaiman Law Review is a double-blind peer-reviewed journal published by the Constitutional Law Study Program, Faculty of Sharia, IAIN Palopo, Indonesia. The journal publishes research, conceptual, and book reviews of Constitutional ...