PERAN FILSAFAT HUKUM SEBAGAI PILAR UTAMA HAKIM DALAM PENEGAKAN KEADILAN DI INDONESIA

Abstract

AbstractAs a country based on the rule of law, Indonesia adheresto the principle of justice, which aims to protect societythrough legal certainty, benefit, and fairness. However,the achievement of this goal is hampered by the reality onthe ground, which often reflects injustice, in line withPierre de Tourtoulon's adage that unjust laws are not laws.Justice should reflect the human rights inherent toindividuals and be fulfilled by law enforcers, especiallyjudges who are expected to explore the values that existin society. This study examines the role of legal philosophyin creating justice, which emphasizes a deepunderstanding of basic legal values. In practice, theintegrity of judges is often questioned due to theirdependence on legislation and external influences, whichcan obscure their independence. The application of JohnRawls' theory of justice as fairness and John Stuart Mill'sunderstanding of substantive justice is emphasized toensure that justice is carried out equally across all levelsof society. This research is oriented towards a qualitativeanalysis of the relevance of legal philosophy in theformation of fair judicial decisions.Keywords: Law, Justice, Judges