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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 5 Documents
 1 
Search results for , issue "Volume 3, No 1, 2021" : 5 Documents clear
Transcendental Justice Law: The Relation of Law and Justice Syaifuddin Zuhdi
Journal of Transcendental Law Volume 3, No 1, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i1.15196

Abstract

The purpose of this article is to explain the relation between law and justice in order to realize a law that is transcendental justice. The method used is a normative method or literature study with a philosophical approach. The findings from this discussion are that justice is not only talking about benefits and harm such as the principles of justice according to Bentham and Rawls, a good law is a law that is able to represent the values of God’s justice, such as equality (egalitarianism), balance, harmonization, ta’awun (helping each other), recognizing and respecting each other’s rights and obligations, and so on, both in the text of the law, as well as in its application. On the other hand, bad law is a law that deviates(deviative) from the values of justice. This law is like a parasite that only causes damage to society. Justice and truth are not the main pattern, but power and worldly satisfaction are the pattern
Implementation of Transcendental-Based Juvenile Criminal Sanctions Agatha Jumiati
Journal of Transcendental Law Volume 3, No 1, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i1.15218

Abstract

The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime 
Forming a Paradigm of Prophetic Law from the Perspective of Arkanul Bai’ah Romi Saputra
Journal of Transcendental Law Volume 3, No 1, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i1.15224

Abstract

The rational paradigm has long dominated the thinking of mankind in law, not to mention Indonesian legal experts and jurists. By basing a truth on the ratio, the rational paradigm assumes that reason is the only means to arrive at the goals and objectives in law. So it is not surprising that the rational paradigm brings out secularism, pluralism, liberalism, and even to atheism, because with the spirit of ratio it tries to penetrate the walls of sacredness (something that is fixed, holy, and permanent) in religion under the pretext of being critical. Therefore, a new paradigm is needed to balance this rational paradigm by developing a prophetic or transcendental paradigm. The prophetic/transcendental thought has also been developed by Kuntowijoyo, and his studies have been expanded by Indonesian scientists such as Prof. Abosori and Dr. Kelik Wardiono from Universitas Muhammadiyah Surakarta The prophetic paradigm as a new paradigm is still very possible to be studied and explored, so in this paper we will try to build a prophetic paradigm from the perspective of Arkanul Bai’ah which was initiated by Imam Hasan Al Bana as a charismatic ulema and recognized by the world for his knowledge. The problem in this paper is what is the form of the paradigm of prophetic law from the perspective of Arkanul Bai’ah? The research method used of research is descriptive analytical qualitative research, the approach used is a conceptual approach, while the data collection techniques come from the literature or this research is also called library research. The results of this study: ontology of prophetic law from the perspective of Arkanul Ba’iah is that the meaning of the law refers to the substance of Allah SWT (Allah Himself), so in understanding legal issues, it is obligatory to be guided by the Qur’an and Sunnah and use them as a benchmark in weighing the truth. Epistemologically, prophetic law views science and revelation as a unity that cannot be separated (integrated), when there is a conflict between revelation and reason, revelation must take precedence. Then in scientific development, it is necessary to pay attention to the framework that is tsawabit and mutaghayirat so that shari’ah and reason work according to the designation of their respective territories. And axiologically, prophetic law is useful in presenting benefit, justice, grace and wisdom.Keyword: Paradigm, Prophetic Law, arkanul bai’ah
The Right to Freedom of Express Opinions in Public Based on Pancasila Triwahyuningsih Triwahyuningsih
Journal of Transcendental Law Volume 3, No 1, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i1.15682

Abstract

Freedom to express opinions in public is a human right guaranteed by the 1945 Indonesian Constitution and the Universal Declaration of Human Rights. The concept of human rights originating from the West resulted in its application often causing problems. This problem arises because the values of freedom that are generally upheld in the West are different from the specific values based on the philosophy and way of life in each country.  The purpose of this study is to describe how the freedom to express opinions in public is in accordance with the values of Pancasila ideology. This research is normative legal research with a statute approach and a conceptual approach. Using primary and secondary legal materials also analyzed qualitatively descriptively. The results of the study conclude that the right to express freedom in public must be in accordance with the values of Pancasila, which is to fulfill the principle of balance between the rights and obligations of every citizen with the goal of responsible freedom being realized. Rights should not be understood only as claims on others, but also contain an obligation to respect the rights of others. Rights always have implications for obligations. All obligations, like all rights, derive from law, because all obligations are moral imperatives and all moral imperatives arise from law. Its application always upholds the values of divinity, humanity, unity, democracy and aims to realize social justice for all Indonesian people.Keywords: right of freedom, express opinion, Pancasila
Comparison of Indonesian and Malaysian Legal Systems in Rules, Traditions, and Community Behavior Siti Zuliyah
Journal of Transcendental Law Volume 3, No 1, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i1.15169

Abstract

This article aims to compare the legal system in Indonesia with the legal system in Malaysia by looking at the similarities and differences between the two countries legal systems. In this paper, we use a normative juridical approach, which is to examine the laws and regulations as well as the attitudes and behavior patterns of citizens towards the law and legal system in force in a country based on secondary legal sources consisting of legislation and other related documents. The results of the discussion conclude that in general both Indonesia and Malaysia have similarities in terms of: (1) The structure of the highest judicial institution along with the judicial institutions below it as well as the implementing institutions of statutory regulations. (2) Regulations, rules and real behavior patterns in various fields of life of the citizens concerned. (3) Attitudes towards the law and the legal system of citizens are in the form of beliefs, values, awareness, ideas and hopes that make the legal process work. Meanwhile, specifically between Indonesia and Malaysia have differences due to: (1) Legal structures influenced by local or domestic and global legal traditions. (2) Legislative regulations whose formulation is influenced by local or domestic and global legal traditions. (3) The legal process runs according to the situation, conditions and problems faced by the country concerned.Keywords: Comparison of the legal system, the legal system in Indonesia, the legal system in Malaysia. 

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