TY - JOUR
T1 - Justice as a Meta Value of Corrective Justice in Providing Restitution for Unjust Enrichment
T2 - A Study on Rules, Norms, Principles, and Foundation
AU - Kurniawan, Faizal
AU - Thalib, Prawitra
AU - Subhan, Hadi
AU - Jansen, Bart
AU - Abd Ghadas, Zuhairah Ariff Binti
N1 - Publisher Copyright:
© 2023, Islamic University of Sultan Agung Faculty of Law. All rights reserved.
PY - 2023
Y1 - 2023
N2 - The legal foundation is one of the most important sources of law that has been emphasized in several legal theories. However, concepts regarding legal foundation are still heavily debated and intertwined with other legal principles, legal values, legal norms, legal theorems, and legal rules. Foundation, principles, and norms are general concepts discussed in the law field as a separate point of discussion in the study of law, especially in legal theory.This showcases that the knowledge regarding concepts and the standing of different principles, values, norms, and rules are important in studying a particular field of law. However, in practice, most legal scholars and professors in the field of law are still unaware of such concepts that often overlap with one another. Generally, foundations are meta values from principles, principles are the meta values of norms, and norms are meta values of a rule. In comparison, values are the equivalent of principles and fundamental values. A theorem is the equivalent of a norm, which is embodied in a rule, and the rule itself is the most concrete implementation of a principle, which may be in the form of a written or unwritten rule. This paper aims to explore the relationship between justice, corrective justice, restitution, and unjust enrichment. It will discuss how fundamental values, principles, and norms serve as meta-values in achieving justice. Additionally, it will examine the role of corrective justice in providing restitution for cases of unjust enrichment.
AB - The legal foundation is one of the most important sources of law that has been emphasized in several legal theories. However, concepts regarding legal foundation are still heavily debated and intertwined with other legal principles, legal values, legal norms, legal theorems, and legal rules. Foundation, principles, and norms are general concepts discussed in the law field as a separate point of discussion in the study of law, especially in legal theory.This showcases that the knowledge regarding concepts and the standing of different principles, values, norms, and rules are important in studying a particular field of law. However, in practice, most legal scholars and professors in the field of law are still unaware of such concepts that often overlap with one another. Generally, foundations are meta values from principles, principles are the meta values of norms, and norms are meta values of a rule. In comparison, values are the equivalent of principles and fundamental values. A theorem is the equivalent of a norm, which is embodied in a rule, and the rule itself is the most concrete implementation of a principle, which may be in the form of a written or unwritten rule. This paper aims to explore the relationship between justice, corrective justice, restitution, and unjust enrichment. It will discuss how fundamental values, principles, and norms serve as meta-values in achieving justice. Additionally, it will examine the role of corrective justice in providing restitution for cases of unjust enrichment.
KW - Corrective Justice
KW - Foundation
KW - Justice
KW - Norm
KW - Principle
KW - Rule
KW - Unjust Enrichment
KW - Value
UR - http://www.scopus.com/inward/record.url?scp=85182177592&partnerID=8YFLogxK
U2 - 10.26532/jh.v39i2.33049
DO - 10.26532/jh.v39i2.33049
M3 - Article
AN - SCOPUS:85182177592
SN - 1412-2723
VL - 39
SP - 192
EP - 211
JO - Jurnal Hukum Unissula
JF - Jurnal Hukum Unissula
IS - 2
ER -