LEGAL CERTAINTY IN INDONESIAN LAW: PERSPECTIVES OF RAZ, PECZENIK, AND FULLER
Abstract
This study examines legal certainty in Indonesian law through the theoretical perspectives of Joseph Raz, Aleksander Peczenik, and Lon L. Fuller. Legal certainty constitutes a fundamental element of the rule of law, ensuring predictability, consistency, and protection of legal rights. Raz conceptualizes legal certainty as a structural requirement based on clear, stable, and accessible legal norms. Peczenik emphasizes rational legal interpretation and coherent legal reasoning as essential to achieving legal certainty, while Fuller highlights the internal morality of law as a prerequisite for effective and legitimate legal systems. Employing a normative legal research method through doctrinal and literature analysis, this study evaluates the relevance of these theories within the Indonesian legal framework. The findings indicate that although legal certainty is constitutionally recognized in Indonesia, its practical implementation remains.
Copyright (c) 2024 Nurul Farida, M. Alichsan, Fidyana Sulaiman, Parningotan Malau
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
Authors who publish with this journal agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-NoDerivatives 4.0 International that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
