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Melia Lau; Suyato Oei; Sugiarto, Sugiarto; Parningotan Malau

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study delves into the philosophical foundations of natural law, contrasting the irrational theories of Thomas Aquinas with the rational perspectives of Hugo Grotius and Immanuel Kant, examining their relevance within Indonesia’s deeply religious and pluralistic context. Aquinas argues that natural law is divinely ordained and serves as a universal moral guide, where law and morality are intrinsically linked. On the other hand, Grotius proposes that while natural law originates from divine will, human reason enables individuals to comprehend it, even without divine revelation. Kant’s philosophy shifts the focus to moral autonomy and the freedom of individuals, emphasizing that legitimate law must be based on principles of universal morality that respect human dignity. In the context of Indonesia, with its diverse religious landscape, integrating these philosophical ideas provides a balanced approach to the interaction between secular law, religious teachings, and moral values. The research adopts a juridical-normative methodology with a conceptual and legislative approach, analyzing secondary legal sources to explore how natural law influences Indonesia's legal system. The findings indicate that while Indonesia's legal system primarily follows positive law, it would benefit from incorporating the moral and spiritual aspects derived from natural law theory. The study concludes that Indonesia’s legal system can achieve a more substantive form of justice by integrating the principles of Aquinas, Grotius, and Kant, thus ensuring a more harmonious blend of legal certainty, moral integrity, and religious principles in the country’s laws.  

Agus Panahatan Panjaitan; Adi Putra Prajitna; Ade Nugroho; Agung Ramanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Child Protection Law affirms that the state guarantees children's rights to “protection from violence” as stipulated in the 1945 Constitution. This paper examines child abuse within the framework of Indonesian positive law using a normative approach and legal philosophy (positivism). The focus of the analysis is to what extent legal norms (such as the Child Protection Law, the Criminal Code, the Domestic Violence Law, etc.) align with the values of justice and children's human rights. A normative approach is used to analyze the laws and legal literature, while the philosophical approach, particularly the positivist ideas of Hans Kelsen and H.L.A. Hart, is employed to understand the relationship between legal norms and the concept of justice. The analysis reveals that although child protection regulations exist, their implementation on the ground tends to be legalistic, often neglecting humanitarian and justice elements. This study emphasizes the need for alignment between legal norms and substantive justice and the protection of children's human rights. The implication of this research is the need for a legal policy that is more responsive to children's rights and justice.