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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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Deconstruction Of Deliberation Implementation And The Populist Meaning In The Perspective Of Prophetic Democracy In The Implementation Of Pancasila Megawati Megawati
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.v1i1.8695

Abstract

Purpose of the study: This article aims at evaluating the implementation of popular sovereignty as a forum for deliberation in the election of regional heads as the implementation of the fourth precept of Pancasila.Methodology: This study was conducted by using the method of descriptive philosophical normative study. As a secondary legal material, this paper garnered information from literature, papers, journals, and other related studies.Main Findings: In the implementation of general election of regional heads, democracy in Article 18 paragraph (4) of the 1945 Constitution is not limited to direct or indirect election by the people. The election of regional heads can be carried out in conformity to the identity of Indonesia people.Applications of this study: This study can be beneficial to the government in reexamining the policy of the direct regional head general election considering that in the interpretation of Article 18 paragraph (4) of the 1945 Constitution, general election does not have to be implemented directly.The policy of the direct regional head general electionNovelty/Originality of this study: The notion as regards the implementation of the indirect regional head general election will have a less negative impact compared to the direct election.
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 Importance Of Moral Value Through Law Enforcement In Indonesia In Nonsystematic Legal Approach Siti Zuliyah
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
The Transcendental Paradigm Of The Development Of Legal Law Absori Absori; Sigit Sapto Nugroho
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
Law Enforcement of Fisheries Crime in North Maluku Province through Transcendental Paradigm Muhammad Amin Hanafi; Absori Absori; Khudzaifah Dimyati; Ajid Abdul Syawal; Arief Budiono
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
Preventive Transcendental Of Mass Violence Crimes Purwadi Wahyu Anggoro
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. 
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.
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) Nuria Siswi Enggarani; Wisnu Tri Nugroho
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
Prophetic : An Epistemological Offer for Legal Studies Kelik Wardiono
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
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.

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