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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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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. 
Study Von Savigny's Thinking About Morals in Law: Understanding Moral in the Concept of Law “Barenti Lako Syara’ Tradition, Syara Barenti Lako Kitabullah” Dianto Dianto
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.v2i1.11247

Abstract

Objective: This article aims to discuss moral boundaries in the Law According to Von Savigny and moral limits in the Law According to the Legal Concept Principles of “Barenti Lako Syara’ Tradition, syara barenti ko kitabullah”Methodology: The methodology used in this study is normative juridical research. This study uses a philosophical approach by exploring the philosophical basis of Law by linking legal science with the concept of customary Law.Findings: Von Savigny does not limit the moral meaning in Law whether good or bad, wrong or right, depends on morals in the habits of society that are not separate from morals and facts. Meanwhile, tau samawa based on the legal concept of “barenti lako syara’ tradition, sara barenti lako Kitabullah” means moral boundaries in Law, morals can be accepted into Law after the validation process with the book.Application of the Study: Customary Law has an indicator of moral constraints, so that applicable Law in general can also have indicators of moral limitations as customary Law.Originality/Novelty: Syara’ becomes a verification tool for morals in the customary Law of tau samawa and the book of Allah becomes a moral detector in the syara’ Keywords: Moral, Law, tradition, syara’
Legal Reasoning Pattern Based On Trancendental Values : A Reflection on Legal Reasoning Based on Positivism Values Basri Basri
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.v1i1.8694

Abstract

Purpose of the study: This article aims at finding out the pattern of legal penalties for transcendental valuesMethodology: This research is conducted using descriptive philosophical normative study methods. As a secondary legal material, this writing draws on literature, papers, journals, and research related to this writing.Main Findings: Positivism-based legal reasoning has failed to accommodate all the interests and legal needs of the community in realizing justice and prosperity. The pattern of legal reasoning based on transcendental values is a choice because it is related to the understanding that places the law for justice and public welfare.Applications of this study: This study can give benefit to thinkers in the field of legal studies thinking to make a breakthrough in the formation of new lawsNovelty/Originality of this study: The use of the basics of transcendental law can be made as a new breakthrough to realize a just and prosperous 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.
Transcendental Paradigm In Pancasila Arie Purnomosidi
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.v1i2.9414

Abstract

ABSTRACT Purpose: This article aims to elucidate how the transcendental paradigm in Pancasila. Methodology: The writing of this article used the doctrinal method by using philosophical and theoretical approaches. Finding: Indonesian law tends to be paradigmatic towards power. This condition caused a materialistic and atheistic way of law. Therefore, it has evoked a crisis in law. Supposedly, Pancasila is a legal basis that is based on the spirit of the nation (volkgeist) of Indonesia. Pancasila is a law that is under the characteristics of people in Indonesia, which are more monodualistic and pluralistic in nature. Therefore, Pancasila contains transcendental values, which are sourced from divine values in religious, ethical, and moral law. The transcendental paradigm in Pancasila can be observed from the opening of the 1945 Constitution, which states that the independence of the Indonesian state is due to the blessing of the Almighty God. The opening of the 1945 Constitution is a substantial agreement among the founders of the nation, which forms the basis of the state-building, and the embodiment of the nation's founders. Importance: It is expected that the transcendental paradigm elucidated in this article can be an alternative solution to overcome the Indonesian legal crisis that can mislead human civilization. Originality/novelty: Orientation of Transcendental paradigms in the principle of Pancasila can be the answer to Indonesia's legal problems that tend to be power-oriented. Keywords: Paradigm, Transcendental Law, Pancasila
Paradigm of Legal Thought: Legal Prophetic Perspective Fitrah Hamdani
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.v2i1.11328

Abstract

Objective: This article aims to discuss ‘criticism of legal prophetic paradigm against legal positivism paradigmMethodology: This research conducted a normative method used by legal positivists. This research is based on a philosophical approach as it is intended to explore the basic assumptions of the legal prophetic paradigm on the lack of the basic assumptions of the legal positivism paradigm.Findings: This paper will discuss the 'criticism of legal prophetic paradigm against legal positivism paradigm' using a philosophical approach as it is intended to explore the basic assumptions of the epistemology basis of the school of thought in legal science through comparison between the school of thoughts in legal science. The legal prophetic paradigm places moral as the main basis as its basic assumption. The verses of Allah and the Hadith of the Prophet regarding justice are the ontological basis of the Paradigm.Application of the Study: The object of legal science is human relations contained within (governed by) legal norms. Law science attempts to understand its object in a "legal" manner, which is from the legal perspective. Understanding something legally means understanding it as law, that is, as legal norms or as the content of legal norms or understanding something as determined by legal norms.Novelty/Originality: The prophetic paradigm can be approached through a Religion Science-based approach. The importance of this approach/religion science in understanding phenomenological law is none other but the occurrence of void or the broken links due to legal positivism thinking that is unable to play a functional role in presenting comprehensive legal justice. Keywords: Legal Positivism Paradigm, Legal Prophetic Paradigm, Basic Assumptions

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