Dialektika Ius dan Fides: Analisis Filsafat Hukum atas Peran Agama dan Tradisi dalam Konstitusi Indonesia dan Timor-Leste

Abstract

The core of Legal Philosophy is understanding the source and legitimacy of the authority that shapes a legal regime. In plural and post-colonial states like Indonesia and Timor-Leste, the legal regime is not only built upon positive legal rationality (ius) but also upon the foundation of normative values deeply rooted in collective belief and morality (fides). The relationship between ius and fides gives rise to a doctrinal dialectic that challenges the supremacy of modern law. Indonesia and Timor-Leste present rich case studies with different constitutional paths in integrating ius and fides. This study aims to analyze the philosophical foundation of ius and fides influencing the constitutions of both countries, evaluate the legitimacy of the role of religion and tradition in conflict resolution and securing justice, and contribute a conceptual model for their ideal relationship. This study employs normative legal research (doctrinal), combining a Philosophical Approach and a Comparative Approach through library research. The results indicate that formal ius has limitations. This is evident in the border dispute issue, where the ius of Treaties must be imbued with the fides of custom to achieve legitimate settlement; and in the Human Rights issue, where political fides (Truth and Friendship Commission reconciliation) limits the implementation of retributive ius. The ideal model is sustainable doctrinal integration, where ius serves as the formal framework, fides as the source of moral legitimacy, and ius must still function as the boundary of critique against political decisions in the name of fides.