Year: 2025
Type: article
Abstract: The background of this study stems from the reality that the development of the rule of law in many countries, including Indonesia, often focuses on formal and procedural aspects, while neglecting the underlying philosophical dimensions. Without a strong philosophical foundation, the law risks losing its direction in realizing substantive justice and democratic values. This study aims to examine the urgency of legal philosophy in strengthening the moral and rational foundations of a democratic rule of law. The method used is a literature review with a qualitative approach through analysis of classical and contemporary legal philosophy literature. The results of the discussion show that legal philosophy, particularly thoughts on justice, human rights, and social contracts, are highly relevant as normative references in the formation and implementation of law. Additionally, legal philosophy plays a crucial role in critiquing rigid legal positivism and in promoting the integration of ethical values into legal practice. The conclusion of this study emphasizes that the revitalization of legal philosophy is necessary to build a more just, reflective, and democratic legal system that respects freedom and human dignity.
Source: Jurnal Cendekia Hukum Indonesia
Authors: Raja Manogu Tinambunan, Fransisca Adelima Sihotang, Maya Jannah
Institution: Universitas Labuhanbatu
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4412978413