FUNGSI FILSAFAT HUKUM DALAM PEMBENTUKAN ATURAN PELAYANAN PUBLIK YANG BERKEADILAN

Abstract

Legal philosophy in Indonesia has a very large function and role in the formation of positive law in Indonesia. In terms of forming public service regulations, this cannot be separated from the role of legal philosophy which is able to see the need for law in society. Good public service is a right and a desire for every citizen, especially in the concept of a welfare state which prioritizes the realization of social welfare and justice, but currently there are still many maladministrations that cause harm to society. For this reason, the function of legal philosophy is needed in making good public service regulations as a means of realizing justice and social welfare. There are at least three elements that must be met for the realization of good public service, namely 1) openness, 2) supervision, 3) fairness. Transparency is needed so that the public is aware of the government's work plan and supervises it so that irregularities do not occur. Meanwhile, to realize justice, the process of making regulations or policies must be carried out through the following stages: formulation of problems, policy agendas, selection of alternative policies, and determination of policies as a system that must be fulfilled together. It takes cooperation between the government and society to make it happen.