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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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Prophetical Law Paradigm: A Synthesis Of Thoughts Of Legal Philosophy Development Catur Yunianto
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.v1i2.9154

Abstract

ABSTRACT Purpose: This article aims to explain the philosophy dialectics of positivistic law and post positivistic law and elaborate on the dialectics of synthesis of thoughts of prophetic legal. Methodology: This research used a philosophical approach. The data were taken from secondary data using primary and secondary legal materials. The data were presented in an analytical descriptive manner, then analyzed in a normative juridical manner. Finding: The development of legal philosophy as an art of thought between empiricism, reality, rationality, and irrationality. Integration must be in presence to find the legal synthesis which is perceived capable of providing answers to the missing synthesis concerning the law. The basis of integration is conducted by retrieving the history and the thought schools development of natural philosophy, positivistic, non-systematic law and prophetic law. The synthesis of the thought schools of philosophical law is not only a reality built from the law itself but also the existence of extracurricular nullifications that can be synergized into near-perfect law. Benefit: The benefit of this research is to present the phenomena of various legal paradigms that develop simultaneously as a synthesis of legal development and as an answer to various problems of legal philosophy. The positivistic, non-systematic synthesis and the prophetic paradigm are the paths to near-perfect truth. Originality/Novelty: The prophetic paradigm developed within the framework of micro and macro realities are considered capable of providing answers to the reality of various criticisms that have existed so far. This prophetic paradigm has bonded micro, macro and transcendent realities which are divided into three categories; Theology, Humanity and Natural Sciences which are based on God’s verses on the Qur'an and Sunnah. Keyword: Philosophy of Law, Synthesis, Prophetic
Pancasila and Economy Prophetic: the Reconstruction Efforts of Indonesian Economic Law Nurjannah Septyanun; Tin Yuliani
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.v2i1.11104

Abstract

Purphose: The importance of the transcendental paradigm, able to change the demoralization of the economic sphere, affects the changing economic goals of Pancasila.   Methodology: Using normative legal research, with paradigmatic approaches and using qualitative descriptive analysis. Finding: The symbolic phenomenon of religious rituals is not merely ritualism in the concept of civil religion. But able to penetrate the particulate partition of the operational dimension.  Similarly, the prophetic paradigm, with its prophetic ethics in terms of liberation, humanization, Transcendence, gives space to the fundamental beliefs of society in economics. Civil religion minimizes the ongoing dominance, hegemonic, and exploitative of anti-humanity. The prophetic paradigm and civil religion are capable of being great energy for the realization of the idealism of Pancasila, the first of the transcendental meaning. Importance: The transcendental dimension, of the first Sila, being a turning point. The importance of awareness of the community, and the legal traveler for the reconstruction of Indonesian economic law to realize the social justice of Pancasilais. Originality/Novelty: The Prophetic and civil religion paradigms, becoming one of the bids on economic demoralization. Keyword: Civil Religion; Profetic ethics; Pancasila; Indonesian economic law.
Law Enforcement to Transcendental Based of Paramedic Doctoroid Practices in Health Service Siti Soekiswati; Absori Absori
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.v1i1.8696

Abstract

Purpose of the study: This article aims to discuss the paramedic doctoroid practices in primary health care in Community Health Center conducted by paramedic doctors.Methodology: This research is socio-legal research; research on law application, viewing law acting as law in action, which involves the interrelation between law and social institutions.Main Findings: Delegation of duty policies under the roof of paramedic doctoroid practices in health services in Community Health Center. This research is a socio-legal aimed at uncovering the phenomenon of paramedic doctoroid practices.Applications of the study: The current study provides criticism for the government in creating inconsistent policies, poor supervision, and law enforcement behind doctoroid practice persistence.Novelty/Originality of the study: the concept of law enforcement is based on the philosophy of the first principle of Pancasila as the Indonesian ideology, transcendental-based law enforcement.
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.
Emancipatory Of Legal Transendency In Indonesia: Study Of Moral Aspects In The Making Of Laws And Regulations In Indonesia Triwahyuningsih Triwahyuningsih
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.v1i2.9132

Abstract

ABSTRACT Objectives: This paper aims to answer the question of how the relationship between law and moralism, as well as how to internalize moral principles in making laws and regulations in Indonesia. Methodology: This study used a philosophical approach that aimed to explore the relationship between law and morals from the perspective of John Austin, Kelsen, and H. L. A Hart. It also used the transcendental perspectives in exploring the importance of internalizing moral principles in making laws and regulations in Indonesia. The research method in the article used descriptive normative research methods, with interpretative data processing techniques regarding the importance of moral aspects in making laws and regulations in Indonesia. Findings: The dominance of the philosophy of positivism has broad implications. The closure of the law to morality raised by adherents of legalism, legal positivism, or reinerechtslehre does not only raise injustice everywhere but also appear with a face of totalitarian or repressive law. Law and moral relations, according to John Austin (1790-1859), are diametrically separated and tend to favor the law (the law negates morals), while Hans Kelsen and Austin place religious and moral inferiority while favoring positive law. According to Kelsen, the law deals with the form (formal), not the content (material); then, Hart tries to offer the principle of morality as a minimum legal requirement in which the pattern of the relationship is cooperative or independent dialogue. Whereas in the transcendent perspective, law and morals are in a dialogue-integrative relationship. The legislators should have spiritual intelligence; that is, they do not want to be bound and limited by existing standards but want to go beyond and transcend the existing situations (transcendental).  With spirituality, the legislators, who are in accordance with the principle, can produce laws that show the emancipatory of legal transcendency. The laws do not only humanize humans but are also oriented to moral values that originate from God. Benefit: The benefit of this paper is to be the basis for guarding moral values in making the Law, starting from the preparation and initiative for the submission of the draft law, discussion of the draft law, and approval of the draft law. Originality/novelty: Internalization of moral principles in law can produce laws that can make people happy and answer the problems of human life. At least three elements are fulfilled, namely justice, efficacy, and legal certainty. Keywords: transcendency, morals, the formation of laws
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

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