The Presence of Law and Social Justice in Realizing the Concept of a Welfare State

DOI

10.2991/978-2-38476-164-7_84How to use a DOI?

Keywords

Law; Justice; Prosperous

Abstract

The purpose of law includes 3 values, namely justice, expediency, and legal certainty. However, in practice, law often does not emphasize all values and tends to forget one of them. Therefore, there has been an understanding where the value of justice is the most important value in the legal world. The concept of a welfare state can be realized if the presence of law can guarantee social justice that can be felt by all people. Then the implementation of the welfare state includes the containment of rules in the Constitution regarding the role of the state in realizing welfare including Article 27, where every citizen has the right to work and a decent living for humanity, and article 31 which regulates education services, Article 33 and Article 34, where our natural wealth must be used for the greatest prosperity of the people and the poor and abandoned children are cared for by the State. The purpose of this study is to find out the concept of social justice in the rule of law in Indonesia to realize a welfare state, and describe the position of law can realize an ideal legal system in Indonesia so that the context of the welfare state can be realized. The type of research used in this writing is a type of prescriptive research, which is a study that aims to get suggestions on what to do to overcome certain problems. Then describe or provide a complete picture of the law and the concept of a welfare state in realizing social justice for all Indonesian people. The conclusion that the administration of the state and law must be based on a combination of political democracy and economic democracy based on one of the cosmology of the Indonesian nation and collectivism. On this basis, the state is a framework for national cooperation, so the purpose of the state is to realize common welfare.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Suhendar
PY  - 2023
DA  - 2023/12/21
TI  - The Presence of Law and Social Justice in Realizing the Concept of a Welfare State
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 906
EP  - 916
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_84
DO  - 10.2991/978-2-38476-164-7_84
ID  - 2023
ER  -