Media Hukum Indonesia (MHI)
Vol 4, No 3 (2026): September 2026

Keadilan Pancasila dalam Perspektif Filsafat Hukum: antara Idealitas dan Realitas Penegakan Hukum

Ovhelya Audrey Rondang Girsang (UPN “Veteran” Jakarta)
Elisabet Nauli Pane (UPN “Veteran” Jakarta)



Article Info

Publish Date
12 Sep 2026

Abstract

Epistemologically, Pancasila justice is rooted in the values of belief in God, deliberation leading to consensus, and the nation’s socio-historical experience, which are justified through the coherence and correspondence approaches as a synthesis between natural law and legal positivism. Axiologically, Pancasila justice prioritizes substantive justice as its primary orientation without neglecting legal certainty and utility. This study also found that the gap between the ideal and the reality of the application of Pancasila justice is caused by five main factors: the dominance of the positivist-legalistic paradigm among law enforcement officials, the legacy of a legalistic colonial legal culture; weak institutional capacity and human resources; socio-economic structural inequalities that limit access to justice for marginalized groups; and a lack of consistency in national legal policy regarding the integration of Pancasila values into legislation. This study recommends the need to reconstruct a legal paradigm oriented toward substantive justice, strengthen institutional capacity, and ensure consistency in national legal policy so that Pancasila justice can be more fully realized in legal practice in Indonesia.

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Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...