Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Legal and Moral Relations in Law Enforcement in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326255,
        author={Hardodi Hardodi and Yusriyadi Yusriyadi and Tri Laksmi Indreswari},
        title={Legal and Moral Relations in Law Enforcement in Indonesia},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={law moral law enforcement},
        doi={10.4108/eai.27-7-2022.2326255}
    }
    
  • Hardodi Hardodi
    Yusriyadi Yusriyadi
    Tri Laksmi Indreswari
    Year: 2023
    Legal and Moral Relations in Law Enforcement in Indonesia
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326255
Hardodi Hardodi1,*, Yusriyadi Yusriyadi1, Tri Laksmi Indreswari1
  • 1: Universitas Diponegoro
*Contact email: hardodi24@gmail.com

Abstract

Most law enforcers in Indonesia are trapped in the influence of a narrow positivism paradigm, which views the law as limited to what is enclosed in the manuscript of the legislation. The consequence is that the law is considered unable to conceive justice, therefore the resulting decisions often overlooked morals. Law and morals cannot be separated in law enforcement in Indonesia due to the fact that the source of Indonesian law is Pancasila, where the values of the Pancasila philosophy are moral such as justice. In the conventional flow of legal purposes, there is a flow of ethical states that the purpose of the law is to achieve justice. This justice is based on human morality. Consequently, it is worthwhile to analyse the relationship between law and morality. Is there a moral component to law enforcement in Indonesia? In this research, the author uses a descriptive normative method. The conclusion attained is that the connection between law and morals cannot be separated, both are interrelated and need each other. Law enforcement in Indonesia is indeed influenced by the positivism paradigm, thus they tend to overlooked morals. This is contrary to the values of Pancasila. Pancasila as a source of national law, it is relevant that law enforcement officers must be moral in enforcing the law.