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All Journal Substantive Justice International Journal of Law Jurnal Filsafat Indonesia
Sholeh, Achmad Khudori
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Education Law, Crime, Criminology & Criminal Justice

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The Influence of Positivism and Empirism in The Enforcement of Islamic Inheritance Law in Indonesia Zaman, Jamrud Qomaruz; Sholeh, Achmad Khudori; Fadil, Fadil; Salam, Nor; Binti Ros Azman, Aina Sofea
Susbtantive Justice International Journal of Law Vol 7 No 1 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i1.267

Abstract

Positivism and empiricism are modern paradigms become the basic guidelines for the schools of legal philosophy, namely legal positivism and legal realism. However, the current condition in Indonesia is dominated by the paradigm of legal positivism so that everything must be by written law. The practice of inheritance division that is always based on the concept of 2:1 as in the Compilation of Islamic Law is felt to be incompatible with community justice. The purpose of this research is to enrich the study of the positivism and empiricism paradigms as a renewal of Islamic inheritance law in Indonesia. The benefit of this research is to inform that the integration of positivism and empiricism in law will produce competent law enforcement. This research is a normative research with a conceptual approach and data sources in the form of literature and data analysis techniques, namely evaluation. The results of this research are; (1) The factor that causes judges in Indonesia to use the judicial restraint approach excessively as a characteristic of legal positivism is the legal culture of the application of the civil law legal system. (2) The solution to the problem offered is to borrow Fazlur Rahman's double movement theory, namely historical contextualisation by taking universal values from the norm. Therefore, it is time for judges to be free to move to realize moral justice within the limits set by the Constitution and the Law on Judicial Power.
Postmodernisme: Katalis Transformasi Sosial: Postmodernism: Catalyst of Social Transformation Muthohar, Muhammad Amin; Sholeh, Achmad Khudori
Jurnal Filsafat Indonesia Vol. 8 No. 1 (2025)
Publisher : Undiksha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jfi.v8i1.80843

Abstract

The study of postmodernism is very important to discuss because it considers that truth is relative and subjective. This causes instability in society, one of which is social transformation. This article aims to describe the concept of postmodernism, the concept of social transformation and analyze the implications of postmodernism for social transformation. This research is in the form of library science research or literature using qualitative methods. The research process begins with researching, observing and recording various ideas, concepts, and information from various postmodernism publications. The results of this study are : first, Postmodernism is divided into several forms, namely extreme postmodernism, moderate postmodernism and theoretical postmodernism. In addition, postmodernism has several principles including spiritualism, relativism, pluralism and deconstruction. Second, the social transformation can be in the form of changes in mindset, changes in behavior, and cultural changes. Furthermore, Third, the influence of postmodernism on social transformation includes relativism of truth which is defined as an attitude to state that truth is relative and depends on a particular context, view, or situation. Identity fragmentation is defined as an attitude that refers to the separation or division of aspects of individual identity, especially in cultural and social contexts. Decentralization of culture means the spread of a culture from the center to all corners of society. Therefore, postmodernism can have both positive and negative implications for social transformation depending on the approach chosen.
Co-Authors Binti Ros Azman, Aina Sofea Fadil, Fadil Muthohar, Muhammad Amin Salam, Nor Zaman, Jamrud Qomaruz