Justicia Islamica : Jurnal Kajian Hukum dan Sosial
Vol 15, No 2 (2018)

Faith in God, Independence of Law and Independence of Judges (Study of Theistic Legal Realism in legal settlement)

Utami, Nofi Sri (Unknown)
Suteki, Suteki (Unknown)
Saraswati, Retno (Unknown)
Budiono, Arief (Unknown)



Article Info

Publish Date
31 Dec 2018

Abstract

The condition that law and legal apparatus in all levels including judges, are imprisoned in fatal positivism. This understanding reduces the law only as mere deterministic, mechanistic and esoteric laws and regulations. Solitary law is solitary law without include the transcendence, morality, or custom. The final result of this paradigm is only able to present legal certainty but lack of justice. The roots of all crises and the collapse of public trust in the law are originated from a law that educates only the mouthpiece of the legislation. The law that teaches the legislation as a sacred ideology, the law is just law or regulation. Fresh graduate of law who fill positions of legal apparatus experts have skills but they are lack of empathy, neglect of public justice and corrupt. A new legal choice paradigm is needed, namely theistic legal realism which gives judges and other legal apparatuses the freedom from the shackles of procedural justice in the style of positivism. Through the law with the Theistic Legal Realism paradigm, it is expected that the legal apparatus will have virtue, to be able to read the substance of justice with his faith in Allah rather than merely being a mouthpiece of the law and be able to guard against despicable behavior on the basis of his faith.

Copyrights © 2018






Journal Info

Abbrev

justicia

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Other

Description

Justicia Islamica published by the Department of Sharia and Islamic Economic IAIN Ponorogo. The journal is intended as a venue for open-minded to all people. Editor accepts writings of the results of conceptual thinking and research in the fields of law, Islamic law and social problems that have ...