Legal Philosophy’s Role in Human Rights and Fiscal Governance: Indonesia and the Philippines Comparative Insights

This article addresses the critical gap in the insufficient integration of legal-philosophical principles—such as justice, equity, and the rule of law—into local fiscal policy frameworks. This research adopts a normative-juridical method with a comparative and conceptual approach. Data were analyzed through classical and contemporary legal-philosophical perspectives to evaluate the extent to which legal norms are either upheld or neglected in budgeting processes and fiscal governance. The findings reveal that Indonesia’s legal framework emphasizes decentralization and participatory budgeting but lacks mechanisms to ensure rights-based fiscal priorities. Conversely, the Philippines exhibits stronger civil society engagement in local fiscal issues but faces challenges of legal fragmentation and weak enforcement. Both countries demonstrate a limited philosophical foundation in fiscal policymaking, which undermines the realization of social and economic rights.This study concludes that embedding legal philosophy into local fiscal governance is essential for advancing the substantive fulfillment of human rights. The article recommends the institutionalization of rights-based budgeting principles, enhanced legal education for local officials, and stronger normative alignment between decentralization laws and human rights obligations.

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Publication Details

Journal
Jurnal Suara Hukum
Published
2025-09-03
DOI
https://doi.org/10.26740/jsh.v7n2.p437-462
Primary Topic
Judicial and Constitutional Studies
Type
article
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article

Legal Philosophy’s Role in Human Rights and Fiscal Governance: Indonesia and the Philippines Comparative Insights

Rustam Tohopi, Asna Aneta, Yanti Aneta, Pebriyanto A. Hulinggi et al.
Jurnal Suara Hukum
Judicial and Constitutional Studies
article

Legal Philosophy’s Role in Human Rights and Fiscal Governance: Indonesia and the Philippines Comparative Insights

Rustam Tohopi, Asna Aneta, Yanti Aneta, Pebriyanto A. Hulinggi, Princess Alyssa D. Tee-Anastacio
article en

Abstract

This article addresses the critical gap in the insufficient integration of legal-philosophical principles—such as justice, equity, and the rule of law—into local fiscal policy frameworks. This research adopts a normative-juridical method with a comparative and conceptual approach. Data were analyzed through classical and contemporary legal-philosophical perspectives to evaluate the extent to which legal norms are either upheld or neglected in budgeting processes and fiscal governance. The findings reveal that Indonesia’s legal framework emphasizes decentralization and participatory budgeting but lacks mechanisms to ensure rights-based fiscal priorities. Conversely, the Philippines exhibits stronger civil society engagement in local fiscal issues but faces challenges of legal fragmentation and weak enforcement. Both countries demonstrate a limited philosophical foundation in fiscal policymaking, which undermines the realization of social and economic rights.This study concludes that embedding legal philosophy into local fiscal governance is essential for advancing the substantive fulfillment of human rights. The article recommends the institutionalization of rights-based budgeting principles, enhanced legal education for local officials, and stronger normative alignment between decentralization laws and human rights obligations.

Jurnal Suara HukumVol. 7(2)
Our Lady of Fatima University (PH), State University of Gorontalo (ID)
Openalex Percentile: Top 61%
Judicial and Constitutional Studies
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Legal Philosophy’s Role in Human Rights and Fiscal Governance: Indonesia and the Philippines Comparative Insights — Rustam Tohopi, Asna Aneta, et al. · Jurnal Suara Hukum (2025) | TGRS Research Map | TGRS