TITLE:
The Philosophy of Legal Reason in Indonesian Law
AUTHORS:
Joseph Andy Hartanto
KEYWORDS:
Philosophy Law, Criminal Law, Civil Law, Legal Reason
JOURNAL NAME:
Beijing Law Review,
Vol.11 No.1,
February
5,
2020
ABSTRACT: Indonesian legal system presents much confusion in either theoretic or practical matters. This is evident in the form of interaction between civil and criminal law and how lines of legal reason are drawn. The purpose of this paper is to outline the philosophy of legal reason in Indonesian law, especially whenever aspects of civil law interact with criminal law. This presents a crucial scenario for the interpretation and application of legal reason to arrive at an effective conclusion, redressing both the crime and the civil wrong. The paper points out that principles guiding legal reason in Indonesia are still not yet clear, primarily based on the complexities marring the development of legal principles in the country. The paper also notes that Indonesian legal system has strived to provide effective redress for private citizens in a criminal case; where their rights are abrogated and there is the possibility of finding relief through personal action as against the offender. The paper concludes that significant improvements are needed to harmonize legal reason with respect to the Indonesian legal system in order to improve access to justice and effective handling of criminal matters.