cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Journal of Transcendental Law
Contact Email
jtl@ums.ac.id
Phone
-
Journal Mail Official
jtl@ums.ac.id
Editorial Address
Jl. A Yani, Pabelan, Kartasura, Sukoharjo 57162
Location
Kota surakarta,
Jawa tengah
INDONESIA
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 10 Documents
 1 
Search results for , issue "Volume 2, No 2, 2020" : 10 Documents clear
Legal Aid in Indonesia: A Study of Legal Aid with a Transcendental Dimension Sanjaya, Fanny Dian
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.v2i2.11854

Abstract

Legal aid in Indonesia, particularly in terms of access to justice, legal aid provided by the state for people is still pivoted on positive law. Laws regulating legal aid in Indonesia remain revolving around the number of cases and budget absorption targets given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with parameters written in the law inhibit those who need legal assistance if they are not categorized as the poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from justice. Access to legal aid is essential since the purpose of the law is justice. Besides, legal aid aims to provide justice for those who do not have law knowledge, in other words, blind to the law. Justice for all is the vein of legal aid which is inseparable from the right of legal aid for those in need. Legal aid can be administered by social institutions/legal aid agencies which should provide access to those who need legal assistance and those who are in dispute, be it poor or rich so that justice for all can be achieved. This research discusses the transcendental dimension of legal aid. This study used a descriptive research method intending to analyze legal aid from legal aid institutions viewed from the study of legal philosophy and legal aid with transcendental dimensions.
The Relation between Religion and Science in Decree of the Indonesian Ulema Council in a Pandemic Latif, Nazaruddin; Sari, Irma Mustika
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.v2i2.12598

Abstract

This paper examines the relation between religion and science in decrees issued by the Indonesian Ulema Council in the field of religion, particularly regarding the implementation of worship for Muslims in Indonesia. The Indonesian Ulama Council has issued a decree which not only prioritizes the an sich religious approach but is also based on the results found by scientists and researchers who are concerned about studying the COVID-19 pandemic. Therefore, this paper looks at the decree of the Indonesian Ulema Council based on a bibliographic approach by making this decree as the main source. As a result, the decree issued by the Indonesian Ulema Council has implicitly linked religion and science.
Law Enforcement in Indonesia in Perspective of Transcendental Legal Justice Paradigm Kasiyati, Siti
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.v2i2.11855

Abstract

Law enforcement in Indonesia still leaves various problems, especially regarding the sense of justice. Such as diffable cases dealing with the law, civil cases, especially in the land sector, which relies on property rights certificates, cases of domestic violence (nusyuz).In this case, this study discusses how law enforcement in Indonesia is, and how law enforcement is in the perspective of the transcendental justice paradigm. This research is a literary research using secondary data sources, namely primary and secondary legal materials. This study includes a normative study with a synthetic analytic approach.Based on the results of the analysis, law enforcement in Indonesia, both criminal and civil, is still fixated on legal certainty, thus ignoring substantive justice. This is where a shift is needed from the paradigm of law enforcement based on legal certainty to transcendent justice. This condition can be seen from several decisions that are very formalistic and based on laws, where legal certainty is the front line compared to substantive justice so that justice is not felt by the public. This condition is also strongly influenced by the legal paradigm adopted in Indonesia, namely positivist law or known as the systemic legal paradigm. Transcendental starts from irrational and metaphysical thinking such as emotions, feelings, instincts, moral spirituality and as part of building science. In this context, law enforcement. The perspective of the transcendental legal justice paradigm highlights how the purpose of Islamic law is useful for justice and human welfare. Where the law is based on ethics (morals) so that it can produce substantive justice, not mere formalistic justice, which summarizes the human attitude to be fair to God as the creator, fair to fellow humans and fair to the universe.
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.
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.
The Relation between Religion and Science in Decree of the Indonesian Ulema Council in a Pandemic Nazaruddin Latif; Irma Mustika Sari
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.v2i2.12598

Abstract

This paper examines the relation between religion and science in decrees issued by the Indonesian Ulema Council in the field of religion, particularly regarding the implementation of worship for Muslims in Indonesia. The Indonesian Ulama Council has issued a decree which not only prioritizes the an sich religious approach but is also based on the results found by scientists and researchers who are concerned about studying the COVID-19 pandemic. Therefore, this paper looks at the decree of the Indonesian Ulema Council based on a bibliographic approach by making this decree as the main source. As a result, the decree issued by the Indonesian Ulema Council has implicitly linked religion and science.
Law Enforcement in Indonesia in Perspective of Transcendental Legal Justice Paradigm Siti Kasiyati
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.v2i2.11855

Abstract

Law enforcement in Indonesia still leaves various problems, especially regarding the sense of justice. Such as diffable cases dealing with the law, civil cases, especially in the land sector, which relies on property rights certificates, cases of domestic violence (nusyuz).In this case, this study discusses how law enforcement in Indonesia is, and how law enforcement is in the perspective of the transcendental justice paradigm. This research is a literary research using secondary data sources, namely primary and secondary legal materials. This study includes a normative study with a synthetic analytic approach.Based on the results of the analysis, law enforcement in Indonesia, both criminal and civil, is still fixated on legal certainty, thus ignoring substantive justice. This is where a shift is needed from the paradigm of law enforcement based on legal certainty to transcendent justice. This condition can be seen from several decisions that are very formalistic and based on laws, where legal certainty is the front line compared to substantive justice so that justice is not felt by the public. This condition is also strongly influenced by the legal paradigm adopted in Indonesia, namely positivist law or known as the systemic legal paradigm. Transcendental starts from irrational and metaphysical thinking such as emotions, feelings, instincts, moral spirituality and as part of building science. In this context, law enforcement. The perspective of the transcendental legal justice paradigm highlights how the purpose of Islamic law is useful for justice and human welfare. Where the law is based on ethics (morals) so that it can produce substantive justice, not mere formalistic justice, which summarizes the human attitude to be fair to God as the creator, fair to fellow humans and fair to the universe.
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.
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.
Legal Aid in Indonesia: A Study of Legal Aid with a Transcendental Dimension Fanny Dian Sanjaya
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.v2i2.11854

Abstract

Legal aid in Indonesia, particularly in terms of access to justice, legal aid provided by the state for people is still pivoted on positive law. Laws regulating legal aid in Indonesia remain revolving around the number of cases and budget absorption targets given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with parameters written in the law inhibit those who need legal assistance if they are not categorized as the poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from justice. Access to legal aid is essential since the purpose of the law is justice. Besides, legal aid aims to provide justice for those who do not have law knowledge, in other words, blind to the law. Justice for all is the vein of legal aid which is inseparable from the right of legal aid for those in need. Legal aid can be administered by social institutions/legal aid agencies which should provide access to those who need legal assistance and those who are in dispute, be it poor or rich so that justice for all can be achieved. This research discusses the transcendental dimension of legal aid. This study used a descriptive research method intending to analyze legal aid from legal aid institutions viewed from the study of legal philosophy and legal aid with transcendental dimensions.

Page 1 of 1 | Total Record : 10

 1 

Filter by Year

2020 2020


Reset
Filter By Issues
All Issue Volume 3, No 2, 2021 Volume 3, No 1, 2021 Volume 2, No 2, 2020 Volume 2, No 1, 2020 Volume 1, No 2, 2019 Volume 1, No 1, 2019