Tantangan Dan Hambatan Dalam Upaya Penegakan Delapan Prinsip Moralitas Hukum Lon L. Fuller di Indonesia

Abstract

Lon L. Fuller's Legal System Theory is an important contribution to legal positivism thinking. In the positivism paradigm, Fuller emphasizes the existence of a rational and strong legal order. To identify a legal system as legitimate, Fuller proposed eight principles or “principles of legality.” These principles include the necessity of prior regulations, proper announcements, prohibition of retroactive application of laws, clear formulations, absence of conflict between regulations, clarity in the demands submitted, consistency and conformity between the actions of legal officials and existing regulations. Fuller also introduced the concept of "Inner Morality," namely the moral principles that form the basis of binding and respect for legal regulations. Nevertheless, he admits that not all positive laws are always consistent with this morality. Fuller provides space for positive legal justification through consideration of social goals, even if the legal product does not always reflect "Inner Morality." The application of Fuller's principles of legal morality in Indonesia can face a number of challenges, such as legal uncertainty, corruption, injustice, legal retrospectivity, limited access, clashes with local values, technological changes, low levels of legal education, and environmental issues. Upholding these principles requires a strong commitment from legal institutions, government, and society to overcome these obstacles and build a legal system that is in accordance with Lon L. Fuller's principles of legal morality.