Legal Transcendence: Fulfillment of Substantive Justice
- Author(s): Jhonsen Ginting and Absori
- Social Studies
Paper ID: UIJRTV3I40009
Jhonsen Ginting and Absori, 2022. Legal Transcendence: Fulfillment of Substantive Justice. United International Journal for Research & Technology (UIJRT), 3(4), pp.65-70.
Philosophy of law underlies various legal theories and ideas, one of which is progressive legal thought. This study aims to describe the substance of the fulfilment of justice from the legal transcendence perspective. The research approach was theoretically based on a legal transcendence paradigm with the principles of divinity, humanity, and justice. However, the progressive legal thought of Satjipto Rahardjo’s teachings has not fully based the thoughts of Indonesian lawmakers so that the laws enforced in Indonesia are still partly a product of Dutch law. Moreover, laws created by Indonesia are still not based on progressive legal thought, but most of them are still based on positivistic-legalistic thought.
Keywords: Philosophy of law, progressive legal thought, positivistic-legalistic.
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