Implementation of Transcendental-Based Juvenile Criminal Sanctions

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

Comparison of Indonesian and Malaysian Legal Systems in Rules, Traditions, and Community Behavior

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.

Transcendental Justice Law: The Relation of Law and Justice

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

The Right to Freedom of Express Opinions in Public Based on Pancasila

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

Forming a Paradigm of Prophetic Law from the Perspective of Arkanul Bai’ah

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

Law Enforcement in Indonesia in Perspective of Transcendental Legal Justice Paradigm

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 Effect of Receptie Theory on Legal Concept of “Adat Barenti Lako Syara’, Syara Barenti Lako Kitabullah”

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.

Legal Aid in Indonesia: A Study of Legal Aid with a Transcendental Dimension

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.

The Relation between Religion and Science in Decree of the Indonesian Ulema Council in a Pandemic

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.

The Concept of Corruption Prevention Using a Transcendental Approach

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.