Regula Et Mensura: Philosophical Exploration of Moral Position in The Indonesian Legal System According to The Thoughts of Thomas Aquinas

The relationship between law and morals in the perspective of legal thought focuses on the conflict between positivism and natural law. The main problem concerns whether or not there is a relationship between the two rules which influence the existence and validity of legal rules so that they bind members of society. The aim of this research is to find out the legal system in Indonesia and how the position of moral values is towards the legal system in Indonesia and its practice in the justice system in Indonesia. The research method used in this writing is a normative juridicial method, namely legal research conducted by examining library materials and examining laws and regulations related to the problem. The results of this study indicate that the moral position is very influential on the legal system in Indonesia and in its enforcement, because the morale of law enforcement officials is needed to archive true justice. Good law enforcement requires implementation that is directed at the process of archiving goals which includes the actualization of values/morals towards law enforcement officials or often referred to as the legal structure that underlines and becomes a reference for the behavior of law enforcement processes, which is aimed at at achieving legal goals. To elements of good law enforcement.

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Publication Details

Journal
International Journal of Social Science and Human Research
Published
2024-10-18
DOI
https://doi.org/10.47191/ijsshr/v7-i10-52
Primary Topic
Legal Studies and Policies
Type
article
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article

Regula Et Mensura: Philosophical Exploration of Moral Position in The Indonesian Legal System According to The Thoughts of Thomas Aquinas

Suteki Suteki, Fransiskus Solanus Afeanpah
International Journal of Social Science and Human Research
Legal Studies and Policies
article

Regula Et Mensura: Philosophical Exploration of Moral Position in The Indonesian Legal System According to The Thoughts of Thomas Aquinas

Suteki Suteki, Fransiskus Solanus Afeanpah
article en

Abstract

The relationship between law and morals in the perspective of legal thought focuses on the conflict between positivism and natural law. The main problem concerns whether or not there is a relationship between the two rules which influence the existence and validity of legal rules so that they bind members of society. The aim of this research is to find out the legal system in Indonesia and how the position of moral values is towards the legal system in Indonesia and its practice in the justice system in Indonesia. The research method used in this writing is a normative juridicial method, namely legal research conducted by examining library materials and examining laws and regulations related to the problem. The results of this study indicate that the moral position is very influential on the legal system in Indonesia and in its enforcement, because the morale of law enforcement officials is needed to archive true justice. Good law enforcement requires implementation that is directed at the process of archiving goals which includes the actualization of values/morals towards law enforcement officials or often referred to as the legal structure that underlines and becomes a reference for the behavior of law enforcement processes, which is aimed at at achieving legal goals. To elements of good law enforcement.

International Journal of Social Science and Human ResearchVol. 07(10)
Peace, Justice and strong institutions
Openalex Percentile: Top 66%
Legal Studies and Policies
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Regula Et Mensura: Philosophical Exploration of Moral Position in The Indonesian Legal System According to The Thoughts of Thomas Aquinas — Suteki Suteki, Fransiskus Solanus Afeanpah · International Journal of Social Science and Human Research (2024) | TGRS Research Map | TGRS