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

Substantive justice as a limit to legal interpretation: A critique of the application of law that is overly oriented toward legal certainty

Nirindah Daniella Sembiring (Universitas Pembangunan Nasional “Veteran” Jakarta,)
Velissa Maharani (Universitas Pembangunan Nasional “Veteran” Jakarta)



Article Info

Publish Date
17 Oct 2026

Abstract

The excessive emphasis on legal certainty may create problems when legal rules are applied rigidly without considering justice in specific cases. Therefore, substantive justice is necessary in legal interpretation, while legal certainty and the principle of legality must remain respected. This study aims to analyze the relationship between legal certainty and substantive justice and the limits of their application in legal interpretation in Indonesia. This research employs a normative legal method using statutory and conceptual approaches through library research involving legislation, books, and scholarly journal articles. The findings indicate that legal certainty and substantive justice are complementary principles. Legal certainty ensures consistency in the application of legal rules and protects the rights of society, while substantive justice requires legal interpretation to consider the purposes of law and the circumstances of specific cases. However, substantive justice must not be used to disregard legal provisions or violate the principle of legality, particularly in criminal law. Accordingly, legal interpretation should be contextual, proportionate, and supported by accountable legal reasoning. Judges and legislators should also maintain a balance between justice and certainty to ensure fair law enforcement while preserving legal protection for society.

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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, ...