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Journal of Transcendental Law
Published by Universitas Muhammadiyah Surakarta
ISSN : 27149676     EISSN : 2714965X     DOI : http://dx.doi.org/10.23917/jtl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
This journal encompasses original research articles, short communications, including: penal law, private law, administrative law, constitutional law, islamic law, economic law, sociology law, and land law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 51 Documents
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Pancasila and Economy Prophetic: the Reconstruction Efforts of Indonesian Economic Law Septyanun, Nurjannah; Yuliani, Tin
Journal of Transcendental Law Volume 2, No 1, 2020
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v2i1.11104

Abstract

Purphose: The importance of the transcendental paradigm, able to change the demoralization of the economic sphere, affects the changing economic goals of Pancasila.   Methodology: Using normative legal research, with paradigmatic approaches and using qualitative descriptive analysis. Finding: The symbolic phenomenon of religious rituals is not merely ritualism in the concept of civil religion. But able to penetrate the particulate partition of the operational dimension.  Similarly, the prophetic paradigm, with its prophetic ethics in terms of liberation, humanization, Transcendence, gives space to the fundamental beliefs of society in economics. Civil religion minimizes the ongoing dominance, hegemonic, and exploitative of anti-humanity. The prophetic paradigm and civil religion are capable of being great energy for the realization of the idealism of Pancasila, the first of the transcendental meaning. Importance: The transcendental dimension, of the first Sila, being a turning point. The importance of awareness of the community, and the legal traveler for the reconstruction of Indonesian economic law to realize the social justice of Pancasilais. Originality/Novelty: The Prophetic and civil religion paradigms, becoming one of the bids on economic demoralization. Keyword: Civil Religion; Profetic ethics; Pancasila; Indonesian economic law.
Prophetical Law Paradigm: A Synthesis Of Thoughts Of Legal Philosophy Development Yunianto, Catur
Journal of Transcendental Law Volume 1, No 2, 2019
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v1i2.9154

Abstract

ABSTRACT Purpose: This article aims to explain the philosophy dialectics of positivistic law and post positivistic law and elaborate on the dialectics of synthesis of thoughts of prophetic legal. Methodology: This research used a philosophical approach. The data were taken from secondary data using primary and secondary legal materials. The data were presented in an analytical descriptive manner, then analyzed in a normative juridical manner. Finding: The development of legal philosophy as an art of thought between empiricism, reality, rationality, and irrationality. Integration must be in presence to find the legal synthesis which is perceived capable of providing answers to the missing synthesis concerning the law. The basis of integration is conducted by retrieving the history and the thought schools development of natural philosophy, positivistic, non-systematic law and prophetic law. The synthesis of the thought schools of philosophical law is not only a reality built from the law itself but also the existence of extracurricular nullifications that can be synergized into near-perfect law. Benefit: The benefit of this research is to present the phenomena of various legal paradigms that develop simultaneously as a synthesis of legal development and as an answer to various problems of legal philosophy. The positivistic, non-systematic synthesis and the prophetic paradigm are the paths to near-perfect truth. Originality/Novelty: The prophetic paradigm developed within the framework of micro and macro realities are considered capable of providing answers to the reality of various criticisms that have existed so far. This prophetic paradigm has bonded micro, macro and transcendent realities which are divided into three categories; Theology, Humanity and Natural Sciences which are based on God’s verses on the Qur'an and Sunnah. Keyword: Philosophy of Law, Synthesis, Prophetic
The Effect of Receptie Theory on Legal Concept of “Adat Barenti Lako Syara’, Syara Barenti Lako Kitabullah” Dianto, Dianto
Journal of Transcendental Law Volume 2, No 2, 2020
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v2i2.11246

Abstract

Receptie theory of Snouck Hurgonje's thought requires that Islam be valid if it has been perceived by customary law. The perception of a starting point between Islamic law and customary law was mediated by Syahrial Abbas with his split bamboo theory. However, the concept of "Adat Barenti Lako Syara’, Syara Barenti Lako Kitabullah" requires that customary law be valid or accepted if it has been validated by Islamic law. Employing a normative method and a philosophical approach, this paper examined the effect of the receptie theory on the legal concept of "Barenti Lako Syara', Syara Barenti Lako Kitabullah". This paper concluded that the receptie theory could not influence the legal concept of "Adat Barenti Lako Syara’, Syara Barenti Lako Kitabullah" because customary law can be applied if it has been verified by Islamic law.
Prophetic : An Epistemological Offer for Legal Studies Wardiono, Kelik
Journal of Transcendental Law Volume 1, No 1, 2019
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v1i1.8797

Abstract

Purpose of the study:This article aims to define Prophetic (Islamic demystification/Islamic scholarship) which is a concept offered by Kuntowijoyo to integrate science and religion. Unlike western epistemology, prophetic includes revelation and the heart as part of the ontology. From the aspect of prophetic epistemology, it is based on synthetic and analytic approaches with transcendental structural methods, while from axiological aspects, justice with prophetic ethical values are humanization, liberation, and transcendence, becomes the goal and values.Methodology: This research was based on a philosophical approach because it was intended to explore the epistemological building of the prophetic paradigm offered by Kuntowijoyo. The main sources of information in the form of Kuntowijoyo's writings and thoughts about the prophetic paradigm  were collected through library studies. The data that have been processed were analyzed using descriptive analysis, interpretation, hermeneutics, and heuristics.Main Findings: Prophetic can be used as one model to integrate science and religion, which is done by connecting the text with the context.Applications of this study: This study can provide keywords that can be used as a guide to understand prophetic such as: (1) qauliyah verses, kauniyah verses, and nafsiyah verses; revelation, reason, heart, and senses, as a keyword in understanding aspects of ontology; (2) synthetic and analytic approaches with transcendental structural methods, as keywords in understanding aspects of epistemology, and; (3) justice which is based on prophetic ethical values encompassing humanization, liberation, and transcendence, as keywords in understanding the axiological aspects.Novelty/Originality of this study: understanding the prophetic paradigm of Kuntowijoyo
Policy Regarding Increased Control of Circulation or Trade of Dog Meat in Karanganyar Regency (Reviewed through the concept of Animal Welfare and The Rule of Adz-Dzariah Fiqh) Enggarani, Nuria Siswi; Nugroho, Wisnu Tri
Journal of Transcendental Law Volume 2, No 1, 2020
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v2i1.10934

Abstract

Objective: This study aims to determine the implementation of policies regarding increasing supervision of the distribution or trade of dog meat in Karanganyar regency and to find out the policy review through the concept of animal welfare and adz-dzariah rules. Methodology: This research is a juridical-empirical method, with the type of research being analytic descriptive, and the data collection method used is library research and field research.  Finding: This research shows that the implementation of policies regarding the increase of supervision on the distribution or trade of dog meat in Karanganyar is divided into the stages of pre-implementation, implementation, and post-implementation. The policy is also a step towards realizing the concept of Animal Welfare because this policy will stop the torture of dogs. In contrast, in the rule of adz-dzari'ah fiqh, the implementation of the policy is to implement the sharia maqashid, which aims to protect Al-Kulliyah Al-Khamsah. Application of the Study: The policy on increasing supervision of the distribution or trade of dog meat is essentially to prevent the spread of zoonoses and stop the practice of violence against dogs. While this research is expected to provide an overview and information on the implementation of the policy.  Originality/Novelty: This research can be categorized differently from previous studies, where this research is more focused on the implementation of policies in Karanganyar which are then analyzed with the concept of Animal Welfare and the rule of adz-dzari'ah fiqh. Keywords: Adz-Dzari’ah, Animal Welfare, Policy, Maqashid Syari’ah
The Concept of Corruption Prevention Using a Transcendental Approach Mukhlishin, Mukhlishin
Journal of Transcendental Law Volume 2, No 2, 2020
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v2i2.11856

Abstract

Corruption in Indonesia has injured the nation’s philosophy of being civilized and divine. From the various measures (laws) that have been implemented, the results have not shown the maximum, instead increasing the number of suspects. Prevention of these crimes is urgently needed by exploring the transcendence value of state law based on Pancasila. This study aims to describe the concept of preventing corruption with a transcendental approach. The method used is a literature review and philosophical approach and descriptive analysis. The result is that the concept of preventing the crime of corruption with a transcendental approach must be based on the divinity concept in the first principle of Pancasila by involving religious doctrine as a legal basis that exceeds moral and spiritual boundaries. Belief in the one and only God in Pancasila can create a solid foundation of trust and a self-sacrificing attitude (integrity), conscious servitude to God, and obedience to leaders, and can create values of civility. Pancasila-based legal transcendence is needed in the prevention of corruption. The state is expected to strengthen the divinity doctrine as the basis for the legal trend for citizens.
Preventive Transcendental Of Mass Violence Crimes Anggoro, Purwadi Wahyu
Journal of Transcendental Law Volume 1, No 2, 2019
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v1i2.9155

Abstract

ABSTRACT Objectives: This article aims to explain the causes of criminal acts of violence that occur in cases of violence involving the masses and explicate the concept of preventing violent crimes involving masses who have a transcendental paradigm. Methodology: This research was qualitative nondoctrinal research. The strategy of applying Preventive Law with a Transcendental paradigm as a concept of preventing criminal acts of mass violence with religious nuances is as a way to reduce the emotions of the masses and eliminate the intention of the masses to commit acts of violence. The sources of data were in the form of research and interviews of cases of mass violence. The data analysis used interpretation techniques based on the (premise) stage of mass violence, according to Niel Smelser and transcendental preventive patterns in accordance with the literature reviews of books and scientific journals. Results: The results showed that violence is an act against the law (onrechtmatige daad), where it is the human state of nature. In the crowd, people will imitate other people's actions, lose control, and take aggressive actions. The law is a tool for social engineering to prevent crime, maintain an orderly society, and provide protection for citizens. Law enforcement is prioritized using soft methods (the soft hand of society) to prevent violence from happening with a transcendental paradigm approach to restoring human nature, according to Surah Ali Imran (3) paragraph 110, namely amar ma'ruf, which contains transcendental ethical values. Functions: This research is useful in the implementation of the Transcendental Preventive Law for law enforcement officers, in this case, the National Police, as an effort to break the 4th stage, namely the stage before triggering incidents occur. It is intended that at the time of mass violence, the Preventive Transcendental Law can cool down the emotions of the masses while at the same time restore human awareness that peace, compassion, and the world and its contents are a gift that must be accountable to God Almighty. Originality/Novelty: Transcendental Preventive Law is an effort to prevent violent crime in mass violence that is based on transcendental principles, by giving a religious touch to remind the masses that violence is a sinful act and to remind the existence of God Almighty. 
Law Enforcement of Fisheries Crime in North Maluku Province through Transcendental Paradigm Hanafi, Muhammad Amin; Absori, Absori; Dimyati, Khudzaifah; Syawal, Ajid Abdul; Budiono, Arief
Journal of Transcendental Law Volume 2, No 1, 2020
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v2i1.11368

Abstract

Objective: This article aims to discuss the enforcement of customary law in North Maluku, the deliberation value in the BMA Sultanate of Ternate, and the implementation of customary criminal sanctions by the Badan Musyawarah Adat.Methodology: The methodology used in this study was legal research conducted in a non-doctrinal qualitative approach. In this study, the law is not only conceptualized as all the principles and rules that regulate human life in society but also includes institutions and processes that actualize the validity of these rules in society.Findings: Law enforcement of fisheries crimes is based on the provisions of Indonesian Law No. 45 of 2009 concerning Fisheries. Criminal provisions are regulated by Articles 84 to 104. One of them is about sinking the ship used to commit fishing crimes. Sanctions given to the fish theft (illegal fishing) perpetrators in territorial waters that have been determined by the local customary head are 1) warning; (2) monetary charges according to the agreement of the local customary community; and (3) boat (pajeko in Ternate) or motorboat seized by the sultanate to be used by the community through profit sharing.Utility: Customary Institute of Ternate Sultanate in 2018 has decided on three cases in the Kao bay area concerning fish catching. Besides the traditional law enforcement that is implemented by the Sultanate, North Maluku recognizes Sasi Customs (Adat Sasi), which is regulation of tradition that limits people for catching fish or taking other sources in a certain type and particular period. Thus, the ecological balance is still maintained.Novelty/Originality: The concept of transcendental law enforcement is substantially in line with the values in the Segulaha tradition that has been applied for a long time in North Maluku. In Segulaha customary law, there is a traditional element in a person who has the same soul with transcendental values by positioning revelation as the source of the law. Keywords: Law Enforcement, Fisheries Crimes, Transcendental Approach
The Transcendental Paradigm Of The Development Of Legal Law Absori, Absori; Nugroho, Sigit Sapto
Journal of Transcendental Law Volume 1, No 1, 2019
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v1i1.8786

Abstract

Purpose of the study: This article aims to formulate (1) epistemology jurisprudence has the positivistic level, (2) jurisprudence epistemology has transcendental paradigm, and (3) epistemology of the development of prophetic jurisprudence. Methodology: This research uses library research by conducting research and data analysis and then they use it using knowledge, especially jurisprudence with transcendental values. Main Findings: The base of epistemological positivistic jurisprudence that is objective, empirical and rational which are supported by systematic, procedural and formal models result in its development has lost essential elements, namely spiritual values, so that modern society has a crisis in defining the meaning of life in the world. Applications of this study: The base of transcendental legal science understands people and their life in an intact form (holistic), not merely material nature but also their souls. The development of the prophetic law is intended as a guidance for human life to achieve happiness in the world and in the hereafter, because the prophetic law can not be fragmented between the physical body (formal) and transcendental values. Novelty/Originality of this study: The paradigm of the transcendental epistemology of legal science emphasizes in the integration approaches between sciences and values in various views
The Importance Of Moral Value Through Law Enforcement In Indonesia In Nonsystematic Legal Approach Zuliyah, Siti
Journal of Transcendental Law Volume 1, No 2, 2019
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v1i2.9104

Abstract

ABSTRACT  Objective: This writing is purposed to explore the importance of moral value through law enforcement in Indonesia as basic dispensing justice, which is essential through a nonsystematic legal approach.  Methodology: This research using the philosophical approach method, which is purposed to explore the importance of moral value through law enforcement.  As it for the method used in this research is descriptive, then proceeded in interpretive. Invention: Nonsystematical legal approach views that jurisprudence is living and developing behavior patterns in society so that between law and moral can not be separated. In relation to the importance of moral value through law enforcement is intended as guidelines for law enforcement officer in the act of implementing their job well and responsibly, so that can give justice. Purpose: This research can help explain the importance of moral value through law enforcement so that can be a formulation of regulation or guidelines for law enforcement officer about how should take action in implementing law enforcement that becomes responsible properly. Recency/Originality: In relation to law enforcement in Indonesia, have been struggling at the positivist paradigm or systematic that bring law out of value and religion, so that just being instrumentalist tools. Therefore needed a new approach by accommodate moral value and religion to law enforcement optimized.               Keywords: Moral Value, Law Enforcement, Nonsystematic Legal Approach

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