From Legal Certainty to Procedural Justice: Reconstructing The Philosophy of Indonesian Procedural Law

Abstract

Procedural law plays a crucial role in ensuring that law enforcement is not only conducted in an orderly and legally certain manner but also operates fairly for all parties involved. Indonesian procedural law has long demonstrated a strong orientation toward legal certainty, reflected in its emphasis on jurisdiction, procedural requirements, limitation periods, evidentiary rules, legal remedies, and the finality of judicial decisions. Such certainty remains indispensable; however, compliance with procedural rules does not necessarily correspond to fairness in the legal process. This study aims to analyze the dominance of the legal certainty paradigm in the construction of Indonesian procedural law and to reconstruct its underlying philosophy toward a stronger orientation to procedural justice. The study employs a normative-doctrinal legal research method using statutory, philosophical, conceptual, case, and comparative approaches. The analysis examines developments in Indonesian criminal and civil procedural law, relevant judicial decisions, Gustav Radbruch’s conception of legal certainty, justice, and utility, Tom R. Tyler’s theory of procedural justice, and the concept of justice as fairness. The findings demonstrate that legal certainty remains an essential foundation for limiting the exercise of power and preserving procedural order, but it is insufficient unless accompanied by a meaningful opportunity to be heard, neutrality of decision-makers, a balanced position between the parties, and access to effective remedies. The novelty of this study lies in the construction of a procedural justice-oriented model of procedural law, built upon four elements: procedural clarity, meaningful participation, procedural impartiality, and effective remedy. This reconstruction positions legal certainty not as the ultimate objective of procedural law, but as a foundation for a judicial process that is more just, participatory, impartial, and effective.

 Keywords

legal certainty; procedural justice; procedural law; procedural fairness; legal philosophy; effective remedy