Indra Budi Jaya

Kajian Filsafat Hukum Tentang Hak Kampanye Pejabat Negara

Introduction

Kajian filsafat hukum tentang hak kampanye pejabat negara. Kaji filsafat hukum hak kampanye pejabat negara, menyoroti akuntabilitas moral & etika. Telusuri konflik hak & kewajiban serta urgensi tata kelola negara beretika.

Abstract

The increasingly dynamic life of nationhood and statehood logically entails the demand to uphold basic ethical values and provide moral accountability for the ethics of state officials towards the public. The Campaign Right is a political right inherent to state officials, the implementation of which is regulated and supervised by a set of rules and legal instruments. The implementation of the campaign right by state officials, even though it has a basis in a positivistic and normative sense, often raises issues in practice considering that the position of rights will always be accompanied by obligations. The purpose of this research is to question how the right to campaign as a political right is viewed from the perspective of legal philosophy and how the moral (ethical) accountability of state officials who use the right to campaign is addressed. The research method in this study is qualitative and normative juridical with a philosophical approach and a statute approach that delves deeply into legal issues. The right to campaign is a political right that, from a positivistic and normative perspective, is certainly based on and sourced from the applicable regulations. In this case, the implementation of rights does not correspond with obligations, raising ethical and moral questions. Thus, even though the right to campaign for state officials is granted by law, it is bound by obligations that need to be prioritized. Even though accountability for the ethics and morals of state officials falls within the realm of relativity, which often intersects with political ethics—a domain that is open and vast—the demand for the implementation of state governance based on ethical and moral values is something that needs to be considered.

Review

The paper titled "Kajian Filsafat Hukum Tentang Hak Kampanye Pejabat Negara" addresses a highly pertinent and complex issue concerning the ethical and moral dimensions of state officials' campaign rights. The abstract effectively introduces the central dilemma: the inherent conflict between the legally enshrined political right to campaign and the public demand for ethical conduct and moral accountability from state officials. The study's clear objective to examine these campaign rights from a legal philosophical perspective and to ascertain how moral accountability is addressed for officials exercising these rights is timely and crucial for fostering integrity in public service. The research proposes a qualitative and normative juridical methodology, incorporating both philosophical and statute approaches to deeply investigate the legal and ethical quandaries. A key argument presented is that while the right to campaign is positivistically and normatively grounded in law, its practical implementation often fails to align with the accompanying obligations, thereby raising significant ethical and moral questions. The abstract emphasizes that these rights, though granted by law, are fundamentally bound by obligations that require prioritization. It also acknowledges the inherent "relativity" of assessing ethical and moral accountability within the expansive domain of political ethics, yet stresses the undeniable need for governance rooted in ethical values. While the abstract outlines a compelling research problem and a relevant methodological approach, a full paper would benefit from a more explicit articulation of the specific legal philosophical frameworks or ethical theories it intends to engage. Merely stating a "philosophical approach" without hinting at the conceptual tools (e.g., deontology, utilitarianism, virtue ethics, or specific theories of rights and duties) leaves the depth of the philosophical engagement somewhat open. A robust analysis should not only identify the tension between rights and obligations but also offer a nuanced exploration of how philosophical insights can provide concrete pathways for reconciling these tensions and establishing effective mechanisms for ethical and moral accountability among state officials, thereby moving beyond the acknowledgment of their "relativity."

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