John Rawls' Theory of Justice and Its Relevance in the Formulation of Community Property Division Policy in the Contemporary Era

The problem of justice in the division of joint property after divorce has become increasingly complex in the contemporary era, along with social, economic, and legal changes. This article discusses John Rawls' theory of justice, especially the principle of justice as fairness, and its relevance in formulating joint property division policies. The purpose of this study is to examine the extent to which Rawls' theory can provide a normative framework in assessing and improving joint property division policies to be more equitable. The method used is qualitative research with a juridical-philosophical approach, through literature analysis of Rawls' works and positive legal regulations in force in several countries, including Indonesia. The research findings show that Rawls' principles of justice, especially the difference principle and the principle of equal freedom, can be used to build a joint property division system that pays attention to the balance between individual rights and protection of economically vulnerable parties. In conclusion, the formulation of joint property division policies based on Rawls' theory will encourage the creation of a legal system that is not only legalistic, but also guarantees substantive justice for both parties. Therefore, the integration of Rawlsian justice values ​​in legislation is very relevant to answer the challenges of justice in the dynamics of contemporary society.

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Publication Details

Journal
al Hairy | Journal of Islamic Law
Published
2025-04-17
DOI
https://doi.org/10.64344/hry.v1i1.13
Citations
2
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
17.04
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article

John Rawls' Theory of Justice and Its Relevance in the Formulation of Community Property Division Policy in the Contemporary Era

Aris Machmud, Hajar Sulaiman, Lusi Marwati, Salman Alfarezi et al.
2 citations
al Hairy | Journal of Islamic Law
Indonesian Legal and Regulatory Studies
17.04
article

John Rawls' Theory of Justice and Its Relevance in the Formulation of Community Property Division Policy in the Contemporary Era

Aris Machmud, Hajar Sulaiman, Lusi Marwati, Salman Alfarezi, Tri Sulistiowati
article en
2 citations

Abstract

The problem of justice in the division of joint property after divorce has become increasingly complex in the contemporary era, along with social, economic, and legal changes. This article discusses John Rawls' theory of justice, especially the principle of justice as fairness, and its relevance in formulating joint property division policies. The purpose of this study is to examine the extent to which Rawls' theory can provide a normative framework in assessing and improving joint property division policies to be more equitable. The method used is qualitative research with a juridical-philosophical approach, through literature analysis of Rawls' works and positive legal regulations in force in several countries, including Indonesia. The research findings show that Rawls' principles of justice, especially the difference principle and the principle of equal freedom, can be used to build a joint property division system that pays attention to the balance between individual rights and protection of economically vulnerable parties. In conclusion, the formulation of joint property division policies based on Rawls' theory will encourage the creation of a legal system that is not only legalistic, but also guarantees substantive justice for both parties. Therefore, the integration of Rawlsian justice values ​​in legislation is very relevant to answer the challenges of justice in the dynamics of contemporary society.

al Hairy | Journal of Islamic LawVol. 1(1)
Universitas Trisakti (ID), University of Indonesia (ID), Al-Azhar University (ID), Institut Agama Islam Negeri Bengkulu (ID)
Openalex Percentile: Top 1%
Indonesian Legal and Regulatory Studies
17.04
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John Rawls' Theory of Justice and Its Relevance in the Formulation of Community Property Division Policy in the Contemporary Era — Aris Machmud, Hajar Sulaiman, et al. · al Hairy | Journal of Islamic Law (2025) | TGRS Research Map | TGRS