Journal of Law, Poliitic and Humanities
Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities

Beyond Legal Formalism: an Integrative Paradigm of Legal Decision-Making for Substantive Justice

José Boavida Simões (Universitas Borobudur, Jakarta, Indonesia)
Pesman Laia (Universitas Borobudur, Jakarta, Indonesia)
Muhamad Nur Ismail (Universitas Borobudur, Jakarta, Indonesia)
Boy Nurdin (Universitas Borobudur, Jakarta, Indonesia)



Article Info

Publish Date
22 Oct 2026

Abstract

Legal decision-making has traditionally rested on legal formalism, which secures legal certainty, consistency, and procedural correctness. However, decisions that are formally valid may still fail to respond to the substantive dimensions of justice, particularly in disputes involving complex social realities, competing rights, and ambiguous or incomplete legislation. Existing scholarship tends to frame formalism and substantive justice as opposing alternatives. This article therefore asks how legal decision-making can reconcile legal certainty with substantive justice without undermining the authority of law. It applies a doctrinal and conceptual legal research method, combined with comparative and normative approaches, and draws on recent peer-reviewed scholarship on judicial reasoning, discretion, and proportionality. The analysis shows that adjudication is not the mechanical application of predetermined rules but an integrative process in which legal norms, factual context, constitutional principles, anticipated consequences, and reasoned justification interact. The article proposes an Integrative Paradigm of Legal Decision-Making with five dimensions, in which legal certainty remains the foundational requirement and substantive justice serves as the normative orientation of interpretation. The novelty lies in replacing the dichotomy between formalism and judicial subjectivity with a structured relationship between rules, reasoning, and justice, offering a conceptual model for courts facing complex disputes.

Copyrights © 2026






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...