Utilitarian Philosophical Discourse: Examining the Political, Legal, and Pancasila Justice Relations in Indonesia

Abstract

This study seeks to analyze utilitarianism in Indonesian politics by identifying the principles of Pancasila legal justice and utilitarian justice. Using qualitative descriptions with this type of literature study. Primary data contains journals and books related to research topics, namely the philosophy of utilitarianism, legal politics, justice, and Pancasila law, while secondary data contains supporting literature. Data will be understood, recorded, and analyzed using the philosophy of utilitarianism. So that conclusions can be drawn. The results of the study stated that public participation in influencing public policies in 2022 decreased from 76.1% to 70.6%. This creates a problem where the aspirations of the community are not properly accommodated, so that the output of legal politics in the formation of laws or regional regulations does not contain the principle of justice for the wider community. This tends to be positivistic and contradicts the formulation of the Law, which must use academic texts that contain philosophical, sociological, and normative aspects. Thus, eliminating the principle of legal expediency by emphasizing the principle of legal certainty. In actualizing the principle of utilitarianism in the Pancasila legal state, which tends to use the doctrine of positivism, the collective participation of the government, law enforcement, and the community is carried out to form rules and implement these rules to create benefits for the wider community; it is a major form of the principle of justice. The principle of utilitarianism is “The Greatest Happiness for the Greatest Number”. Thus, the majority vote is a representation of the principle of justice. The author feels that this study is not completely perfect and needs refinement from other researchers. The recommendation suggested by the researcher is to be more specific in conducting research on related topics about laws that use purely utilitarian aspects.