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All Journal Ahkam: Jurnal Ilmu Syariah Brawijaya Law Journal : Journal of Legal Studies Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan International Journal of Business, Law, and Education Peradaban Journal of Law and Society Jurnal Hukum dan Pembangunan
Luth, Thohir
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Journal : Brawijaya Law Journal : Journal of Legal Studies

 1 
The Notion of Divine Principle (Asas Ilahiah) in Indonesian Contract Law Djumikasih, Djumikasih; Luth, Thohir; Budiono, Abdul Rachmad; Koeswahyono, Imam
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.09

Abstract

This study is legal research aiming to find out the essence of Divine Principles in Indonesian Contract Law from the review of the Natural Law theory, the Sunt-Servanda theory, the Awareness and Legal Obedience Grundnorm theory, and Truth theory. This research reveals that the Divine Principle's essence is the most fundamental principle or guideline derived from God but exists in humans, aiming to find the truth and regulate the parties in making agreements. The application of the Divine Principle aims to find the truth and regulate the parties in the agreement's field.  Indonesian citizens could realize and practice the Precepts of Godhead in their agreement activities. In establishing the agreement, the parties are applying the teachings of their respective religions. This study reveals that the Divine principle needs to be incorporated into one of the upcoming National Agreement Laws principles, especially in the contract born because of the agreement. This study maintains that the divine principle can be applied comprehensively for Indonesian citizens who are parties to the agreement, not only limited to the Indonesian Muslim citizens.
The Notion of Divine Principle (Asas Ilahiah) in Indonesian Contract Law Djumikasih, Djumikasih; Luth, Thohir; Budiono, Abdul Rachmad; Koeswahyono, Imam
Brawijaya Law Journal Vol. 8 No. 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.09

Abstract

This study is legal research aiming to find out the essence of Divine Principles in Indonesian Contract Law from the review of the Natural Law theory, the Sunt-Servanda theory, the Awareness and Legal Obedience Grundnorm theory, and Truth theory. This research reveals that the Divine Principle's essence is the most fundamental principle or guideline derived from God but exists in humans, aiming to find the truth and regulate the parties in making agreements. The application of the Divine Principle aims to find the truth and regulate the parties in the agreement's field.  Indonesian citizens could realize and practice the Precepts of Godhead in their agreement activities. In establishing the agreement, the parties are applying the teachings of their respective religions. This study reveals that the Divine principle needs to be incorporated into one of the upcoming National Agreement Laws principles, especially in the contract born because of the agreement. This study maintains that the divine principle can be applied comprehensively for Indonesian citizens who are parties to the agreement, not only limited to the Indonesian Muslim citizens.
PHYLOSOPHICAL AND CONSTITUSIONAL PROTECTION TOWARDS RELIGION IN INDONESIA Silfiah, Rossa Ilma; Luth, Thohir; Sugiri, Bambang; Aprilianda, Nurini
Brawijaya Law Journal Vol. 3 No. 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.003.02.04

Abstract

Legal protection on religion is certainty for a state with Pancasila principle. The first principle the Divinity of the Only God has been spirit of the following points, as living guidance for Indonesian country. The believing of the Divinity of the Only God shows that the Indonesian Republic is religious based country by protecting freedom to have religion for its people. This regulation has implication in governmental circle, that the country makes Religion Ministry as one of ministries that its existence has the same position to other state institutions. The implementation of legal protection toward religion needs legitimating in the field of civil law, showed in issuing President Decree No. 1 of 1965 on the Preventing of Misuse and/or Religion Staining. The existence of this Decree in Old Order has been legitimated newly as a Law  by issuing the Law No. 5 of 1969, thus the President Decree has been added to the Criminal Code, Act 156a.
Co-Authors Abdul Rachmad Budiono Ahmad, Md Yazid Azhariani Fitri, Nabiela Djumikasih Ganindha, Ranitya Imam Koeswahyono Kholish, Moh. Anas Laksono, Febrian Dwi Nur Chanifah Nurini Aprilianda Silfiah, Rossa Ilma Siti Hamidah Siti Rohmah Sugiri, Bambang Wibowo, R. Tetuko Aryo Zaini Muchlis