The Philosophy of Freedom and Its Limitations in a Democratic Legal System

Abstract

This article investigates the philosophical foundations of freedom and its legal limitations within a democratic legal system, focusing on the perspectives of Hans Kelsen, Hugo Grotius, and the Indonesian model of Pancasila democracy. The study addresses the central question: how can freedom be preserved while lawfully restricted in a manner that respects justice and democratic values? This research draws on primary legal materials, judicial decisions, and philosophical theories by employing a normative juridical method combined with philosophical and conceptual approaches. The findings reveal that while freedom is a core value of democracy, it must be exercised with responsibility and within the framework of proportionate legal constraints to ensure social harmony and protect the rights of others. Kelsen's theory underscores participatory lawmaking as a compromise between majority and minority interests. Grotius insists on the rational and moral basis of law that safeguards inalienable human rights. The Indonesian context, through Pancasila democracy, offers a unique model that integrates individual liberty with communal values such as deliberation (musyawarah) and cooperation (gotong royong). The article concludes that legal systems must balance individual autonomy and collective well-being through a just, rational, and culturally grounded framework of law.