Landasan Filosofis Hukum Konstitusi: Menganalisis Prinsip Keadilan dalam Sistem Hukum Kontemporer dan Nilai Sosialnya

Abstrak

This study analyzed the implementation of the principle of justice in the Indonesian Constitutional Law System, with a focus on the decision of the Constitutional Court for the 2019-2023 period. The background of this research is based on a gap between constitutional idealism as an instrument of social justice and the reality of law enforcement practices that tend to be formalistic. Using a qualitative approach using the method of analysis of documents and in -depth interviews, this research examines 35 decisions of the Constitutional Court and involves 10 key informants, consisting of constitutional judges, legal academics, and human rights practitioners. The purpose of the study is to identify the pattern of applying the principle of justice and the factors that influence the inconsistency of the constitutional interpretation. The results showed three main findings: (1) the dominance of the legal-formalistic approach (65%) compared to substantive justice (35%), (2) philosophical inconsistencies in 40% of decisions, and (3) variations of interpretation Article 28D of the 1945 Constitution in 63% of cases. This finding indicates the weak consistency of the application of constitutional values as a living document, as well as the strong influence of non-legal factors in the process of making a decision. This study recommends strengthening the capacity of judges through a philosophical legal approach, preparation of holistic constitutional interpretation guidelines, and increasing public awareness of constitutional values.