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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 6 Documents
 1 
Search results for , issue "Volume 3, No 2, 2021" : 6 Documents clear
Trancendental Values In Pancasila As The Personality Of The Indonesian Nation (Perspective From A Muslim) Basri Basri; Yulia Kurniaty; Johny Krisnan
Journal of Transcendental Law Volume 3, No 2, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i2.15683

Abstract

It turns out that when studied more deeply there is a match between the teachings of Islam and the values of Pancasila. On this basis, the researcher expresses the opinion that there is no reason to contradict the teachings of Islam and Pancasila. In fact, according to the researcher, the values of Pancasila are complemented by Islamic teachings and it is possible that the values of Pancasila come from Islamic teachings. Therefore, there is no need for Muslims to question Pancasila as the basic philosophy of the Indonesian nation and state. For others, when there is a reaction from Muslims, for example there is an issue to replace Pancasila with another ideology, there is no need to react excessively, because it cannot happen and be conducted by Muslims. Such an attitude is just a reaction to what happened, in which some Muslims are seen as contradicting the values of Pancasila as the personality of the Indonesian nation. This is the real problem that needs to be found at the root of the problem. Keywords: Pancasila-Personality-Nation-Indonesia
Implementation of Law Number 18 of 2019 on Access to Education for Graduates of Muhammadiyah Boarding School Klaten at State Universities Sandya Mahendra; Engine Kubota; Nabila Rahmawati Rama; M. Junaidi
Journal of Transcendental Law Volume 3, No 2, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i2.18509

Abstract

Islamic boarding schools are one of the educational programs among the many levels of education that have been passed down from generation to generation by the people of Indonesia. Islamic boarding school is a national education identity that has special characteristics in the form of religion-based education that is thick with scientific nuances. This study aims to 1) Know the definition of Islamic boarding school in law number 18 of 2019; 2) Knowing the implementation of Law No. 18 of 2019 on graduates of Islamic boarding schools in state universities. The research method used is normative legal research with a doctrinal approach with a descriptive type of study. Article 1 paragraph (1) of this Law states that Islamic boarding schools are community-based institutions established by individuals, foundations, Islamic community organizations, and/or communities that instill faith and piety to Allah SWT, cultivate noble character and adhere to the teachings of Islam. Islam rahmatan lil’alamin which is reflected in the attitude of humility, tolerance, balance, moderation, and other noble values of the Indonesian nation through education, Islamic da’wah, exemplary, and community empowerment within the framework of the Unitary State of the Republic of Indonesia. Muhammadiyah Boarding School Klaten or commonly referred to as MBS Klaten is a modern boarding school combining religious education with general science and Information Technology (ICT). The implementation of the law to accommodate graduates of Islamic boarding schools to continue their studies to a higher level has been carried out through a scholarship program to all Islamic boarding schools in Indonesia. However, MBS Klaten provides extremely strict requirements so that few students have the opportunity to continue their studies at State Universities.Keywords: Boarding school; Government policy; Education
Environmental Legal Responsibility Of Non-Metal And Rock Mining Business Persons In Sharia Perspective: Study In The City Of Tidore Islands Rusdin Alauddin; Irham Rosidi; Abdul Aziz DP; Irawan Sangaji
Journal of Transcendental Law Volume 3, No 2, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i2.17792

Abstract

Mining of non-metallic minerals and rocks is a natural resource from Allah SWT to be used properly and correctly for all of His creatures. In the City of Tidore, Islands, the use of these natural resources is illegal and does not have a mining permit. The consequences of mining activities include the physical impact of the environment being damaged such as land damage and forest damage, reduced water discharge on the ground surface, damage to public health, damage to public facilities found on roads, as well as causing community conflicts. The form of responsibility is carried out by limiting utilization activities, carrying out environmental restoration, as well as cooperation between the government and the community in supervising utilization actions that cause losses. Responsibility is not only on the government but public awareness is very important in environmental conservation efforts. In the Qur'an Surah al-Rum verse 41, it has been stated that "Corruption has appeared on land and at sea due to the actions of human hands, so that Allah may feel for them a part of (the consequences of) their actions, so that they will return (to the right path). )
The Role of Transcendence Values in Preventing Intolerance Behavior Muhtar Arifin; Khudzaifah Dimyati
Journal of Transcendental Law Volume 3, No 2, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i2.18123

Abstract

Intolerance behavior is a behavior that is very well known in human life. Even though it has been enacted by law for decades, the phenomenon of intolerance is still common in society. The research method used here is qualitative in nature which relies on literature in the form of books, books and journals related to the discussion. Among the conclusions obtained is that transcendent values have an important role in preventing intolerance behavior and attitudes. Among these values is to realize that difference is a sunnatullah that exists in creatures. The existence of this difference is a sign of Allah's power, including differences in ethnicity, language, color, nation and religion. In addition, the original law in interacting with fellow humans is peace. Prioritizing noble character in interacting is also a damper for the atmosphere in society and a deterrent to unwanted conditions. Recognizing and remembering that there is a reward in every good and sin in every bad thing can prevent someone from acting and acting in an intolerant nature.Keywords: transcendence value, prevent, intolerance.
Panaik Money of Bugis’ Customary Marriage in the Perspective of Islamic Law and Positive Law in Indonesia Shofiatul Jannah; Mufidah CH; Suwandi Suwandi
Journal of Transcendental Law Volume 3, No 2, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i2.17375

Abstract

This article discusses the giving of panaik money to the Bugis marriage customs outside of the dowry obligation. This culture has long been carried out at traditional Bugis weddings. The custom of giving panaik money has become a topic of discussion among academics because it is not included in the pillars and conditions of marriage in Islam or positive law. This is a custom that is sometimes considered burdensome to the prospective groom to cause the marriage to be annulled. This research is library research with a normative approach. It uses a qualitative method, namely, observing and reviewing the obligation to give money for traditional Bugis marriages outside of the dowry. The results of the panaik money research in the study of Islamic law do not conflict with the terms and pillars of marriage. As for the positive legal view, in this case, Law Number 1 of 1974 concerning Marriage concludes that panaik money does not conflict with formal or material requirements, namely in articles 6 to 10, which explain the existence of cultural fusion between customary law and Islamic law in Indonesia which has been recognized. As part of the source of material law in Indonesia. As for the cultural pattern of Bugis ethnic marriage, panaik money is a form of respect and appreciation from the male family to the female family.Panaik Money, Islamic Law, Positive Law, Cultural Customs
Analysis The Use Of Qawaid Fiqhiyyah In The Decree Of The Fatwa Of Aceh Islamic Scholar Consultative Assembly (MPU) Liantha Adam Nasution
Journal of Transcendental Law Volume 3, No 2, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i2.18203

Abstract

Aceh is a province that has privileges compared to other regions in Indonesia, the privilege of Aceh is to be able to carry out the aspirations and dreams of the Acehnese people so that they carry out Islamic Sharia properly and are protected by state laws that will create a civil society based on the Kaffah Islamic Sharia. In compiling the Rules and Implementation based on Islamic Shari'ah, the Acehnese government established an institution that houses Aceh's Islmic scholars and has the authority to provide Islamic legal considerations in drafting Qanun and legal rules in Aceh, the institution is Aceh Islamic Scholar Consultative Assembly (MPU). The study uses a normative approach that focuses on the study of laws/regulations issued by Aceh Islamic Scholar Consultative Assembly by looking directly at the rules and classifying Fatwa, Ijma’a, Qiyas, and  Aceh Islamic scholar’s views which will be deductively concluded. Based on the analysis of the legal products issued by Aceh Islamic Scholar Consultative Assembly, it is clear that the application of Qawaid Fiqh is considered and becomes a source of rules in decisions relating to Contemporary but the use of Qawaid Fqih in several Fatwas and Decrees is not clearly stated in the Qawaid Fiqh used.Keywords: Qawaid Fiqih, Fatwa, Islamic Scholar Consultative Assembly

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