法律和社会正义的性质

Abdul Kholiq, Heri Purnomo
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引用次数: 0

摘要

当前,全球化已经渗透到人类生活的方方面面,带来的变化从根本上指向了人类生活在法律和人类正义感方面的失衡问题。在日常生活中,我们经常听到人们要求公正,因为他们认为自己受到了不公正的待遇。这种情况可能发生在公民与政府之间,也可能发生在个人与群体之间,或者因为个人权利的实现存在差异等等。正义与人与人之间的态度和关系密切相关,因为正义要求每个人都能得到应有的待遇。问题是法律和正义的本质与法哲学有何关系,法官如何追求正义的形式?撰写本文所使用的方法是规范法学,这是一种以法律为主要材料的方法,所使用的研究规范是描述分析法,这是一种旨在提供印度尼西亚司法概况的研究。而数据来源则是通过作为辅助数据或辅助辅助二级数据的初级实地研究获得的二级和初级数据。研究结果如下法律和司法的性质是非常相对的,因为从哪一方面看,都有一种负面的说法,认为法律和司法是一种不沉重的东西,之后也有人说,司法不一定是用实地结果来发现的,在这种情况下,司法的形式可以由法官和统治者通过努力遵守法律法规和公共正义感来完成,但法官也是普通人,也会犯错误。错误可能因疏忽大意而发生,也可能因人们的故意而产生,这将使人类陷入困境。真正的正义是真主的正义。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE NATURE OF LAW AND JUSTICE IN SOCIETY
At this time globalization has penetrated the dynamics of human life and brought changes that essentially point to the problem of unbalanced regulation of human life in law and a sense of human justice. In everyday life we often hear people demanding justice, because they feel they have received unfair treatment. This can occur between citizens and the government, or perhaps also between individuals and their groups or because there are differences in the fulfillment of personal rights and so on. Justice is closely related to attitudes and relationships with fellow human beings because justice demands that every human being be treated as they are done. The problem is How is the nature of law and justice related to the philosophy of law and How is the form of justice pursued by judges? The method used in writing this paper is normative juridical, which is an approach based on law as the main material, the research specification used is descriptive analytical, which is research that aims to provide an overview of justice in Indonesia. While the data sources are secondary and primary data through primary field studies used as supporting data or supporting secondary data. From the research, the results were obtained: The nature of law and justice is very relative, because from which side we look at it there is a negative that law and justice are something that is not heavy after there are also those who say that justice is not necessarily found with field results and the form of justice in this case can be done by judges and rulers by trying to comply with laws and regulations and a sense of public justice, but judges are ordinary human beings who can make mistakes. Mistakes can occur due to inadvertence and can also be made can arise from people who are deliberate, this is what will plunge humans. True justice is the justice of Allah SWT.
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