Journal of Transcendental Law
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.
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<![CDATA[Study Von Savigny's Thinking About Morals in Law: Understanding Moral in the Concept of Law “Barenti Lako Syara’ Tradition, Syara Barenti Lako Kitabullah†]]>
<![CDATA[Dianto, Dianto]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
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DOI: 10.23917/jtl.v2i1.11247
<![CDATA[Objective: This article aims to discuss moral boundaries in the Law According to Von Savigny and moral limits in the Law According to the Legal Concept Principles of “Barenti Lako Syara’ Tradition, syara barenti ko kitabullahâ€Methodology: The methodology used in this study is normative juridical research. This study uses a philosophical approach by exploring the philosophical basis of Law by linking legal science with the concept of customary Law.Findings: Von Savigny does not limit the moral meaning in Law whether good or bad, wrong or right, depends on morals in the habits of society that are not separate from morals and facts. Meanwhile, tau samawa based on the legal concept of “barenti lako syara’ tradition, sara barenti lako Kitabullah†means moral boundaries in Law, morals can be accepted into Law after the validation process with the book.Application of the Study: Customary Law has an indicator of moral constraints, so that applicable Law in general can also have indicators of moral limitations as customary Law.Originality/Novelty: Syara’ becomes a verification tool for morals in the customary Law of tau samawa and the book of Allah becomes a moral detector in the syara’ Keywords: Moral, Law, tradition, syara’]]>
<![CDATA[Paradigm of Legal Thought: Legal Prophetic Perspective ]]>
<![CDATA[Hamdani, Fitrah]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
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DOI: 10.23917/jtl.v2i1.11328
<![CDATA[Objective: This article aims to discuss ‘criticism of legal prophetic paradigm against legal positivism paradigmMethodology: This research conducted a normative method used by legal positivists. This research is based on a philosophical approach as it is intended to explore the basic assumptions of the legal prophetic paradigm on the lack of the basic assumptions of the legal positivism paradigm.Findings: This paper will discuss the 'criticism of legal prophetic paradigm against legal positivism paradigm' using a philosophical approach as it is intended to explore the basic assumptions of the epistemology basis of the school of thought in legal science through comparison between the school of thoughts in legal science. The legal prophetic paradigm places moral as the main basis as its basic assumption. The verses of Allah and the Hadith of the Prophet regarding justice are the ontological basis of the Paradigm.Application of the Study: The object of legal science is human relations contained within (governed by) legal norms. Law science attempts to understand its object in a "legal" manner, which is from the legal perspective. Understanding something legally means understanding it as law, that is, as legal norms or as the content of legal norms or understanding something as determined by legal norms.Novelty/Originality: The prophetic paradigm can be approached through a Religion Science-based approach. The importance of this approach/religion science in understanding phenomenological law is none other but the occurrence of void or the broken links due to legal positivism thinking that is unable to play a functional role in presenting comprehensive legal justice. Keywords: Legal Positivism Paradigm, Legal Prophetic Paradigm, Basic Assumptions]]>
<![CDATA[Law Enforcement of Fisheries Crime in North Maluku Province through Transcendental Paradigm ]]>
<![CDATA[Hanafi, Muhammad Amin]]>;
<![CDATA[Absori, Absori]]>;
<![CDATA[Dimyati, Khudzaifah]]>;
<![CDATA[Syawal, Ajid Abdul]]>;
<![CDATA[Budiono, Arief]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
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DOI: 10.23917/jtl.v2i1.11368
<![CDATA[Objective: This article aims to discuss the enforcement of customary law in North Maluku, the deliberation value in the BMA Sultanate of Ternate, and the implementation of customary criminal sanctions by the Badan Musyawarah Adat.Methodology: The methodology used in this study was legal research conducted in a non-doctrinal qualitative approach. In this study, the law is not only conceptualized as all the principles and rules that regulate human life in society but also includes institutions and processes that actualize the validity of these rules in society.Findings: Law enforcement of fisheries crimes is based on the provisions of Indonesian Law No. 45 of 2009 concerning Fisheries. Criminal provisions are regulated by Articles 84 to 104. One of them is about sinking the ship used to commit fishing crimes. Sanctions given to the fish theft (illegal fishing) perpetrators in territorial waters that have been determined by the local customary head are 1) warning; (2) monetary charges according to the agreement of the local customary community; and (3) boat (pajeko in Ternate) or motorboat seized by the sultanate to be used by the community through profit sharing.Utility: Customary Institute of Ternate Sultanate in 2018 has decided on three cases in the Kao bay area concerning fish catching. Besides the traditional law enforcement that is implemented by the Sultanate, North Maluku recognizes Sasi Customs (Adat Sasi), which is regulation of tradition that limits people for catching fish or taking other sources in a certain type and particular period. Thus, the ecological balance is still maintained.Novelty/Originality: The concept of transcendental law enforcement is substantially in line with the values in the Segulaha tradition that has been applied for a long time in North Maluku. In Segulaha customary law, there is a traditional element in a person who has the same soul with transcendental values by positioning revelation as the source of the law. Keywords: Law Enforcement, Fisheries Crimes, Transcendental Approach]]>
<![CDATA[Policy Regarding Increased Control of Circulation or Trade of Dog Meat in Karanganyar Regency (Reviewed through the concept of Animal Welfare and The Rule of Adz-Dzariah Fiqh) ]]>
<![CDATA[Enggarani, Nuria Siswi]]>;
<![CDATA[Nugroho, Wisnu Tri]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
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DOI: 10.23917/jtl.v2i1.10934
<![CDATA[Objective: This study aims to determine the implementation of policies regarding increasing supervision of the distribution or trade of dog meat in Karanganyar regency and to find out the policy review through the concept of animal welfare and adz-dzariah rules. Methodology: This research is a juridical-empirical method, with the type of research being analytic descriptive, and the data collection method used is library research and field research.  Finding: This research shows that the implementation of policies regarding the increase of supervision on the distribution or trade of dog meat in Karanganyar is divided into the stages of pre-implementation, implementation, and post-implementation. The policy is also a step towards realizing the concept of Animal Welfare because this policy will stop the torture of dogs. In contrast, in the rule of adz-dzari'ah fiqh, the implementation of the policy is to implement the sharia maqashid, which aims to protect Al-Kulliyah Al-Khamsah. Application of the Study: The policy on increasing supervision of the distribution or trade of dog meat is essentially to prevent the spread of zoonoses and stop the practice of violence against dogs. While this research is expected to provide an overview and information on the implementation of the policy.  Originality/Novelty: This research can be categorized differently from previous studies, where this research is more focused on the implementation of policies in Karanganyar which are then analyzed with the concept of Animal Welfare and the rule of adz-dzari'ah fiqh. Keywords: Adz-Dzari’ah, Animal Welfare, Policy, Maqashid Syari’ah]]>
<![CDATA[Pancasila and Economy Prophetic: the Reconstruction Efforts of Indonesian Economic Law ]]>
<![CDATA[Septyanun, Nurjannah]]>;
<![CDATA[Yuliani, Tin]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
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DOI: 10.23917/jtl.v2i1.11104
<![CDATA[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.]]>
<![CDATA[Study Von Savigny's Thinking About Morals in Law: Understanding Moral in the Concept of Law “Barenti Lako Syara’ Tradition, Syara Barenti Lako Kitabullah” ]]>
<![CDATA[Dianto Dianto]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
Show Abstract
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DOI: 10.23917/jtl.v2i1.11247
<![CDATA[Objective: This article aims to discuss moral boundaries in the Law According to Von Savigny and moral limits in the Law According to the Legal Concept Principles of “Barenti Lako Syara’ Tradition, syara barenti ko kitabullah”Methodology: The methodology used in this study is normative juridical research. This study uses a philosophical approach by exploring the philosophical basis of Law by linking legal science with the concept of customary Law.Findings: Von Savigny does not limit the moral meaning in Law whether good or bad, wrong or right, depends on morals in the habits of society that are not separate from morals and facts. Meanwhile, tau samawa based on the legal concept of “barenti lako syara’ tradition, sara barenti lako Kitabullah” means moral boundaries in Law, morals can be accepted into Law after the validation process with the book.Application of the Study: Customary Law has an indicator of moral constraints, so that applicable Law in general can also have indicators of moral limitations as customary Law.Originality/Novelty: Syara’ becomes a verification tool for morals in the customary Law of tau samawa and the book of Allah becomes a moral detector in the syara’ Keywords: Moral, Law, tradition, syara’]]>
<![CDATA[Paradigm of Legal Thought: Legal Prophetic Perspective ]]>
<![CDATA[Fitrah Hamdani]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.23917/jtl.v2i1.11328
<![CDATA[Objective: This article aims to discuss ‘criticism of legal prophetic paradigm against legal positivism paradigmMethodology: This research conducted a normative method used by legal positivists. This research is based on a philosophical approach as it is intended to explore the basic assumptions of the legal prophetic paradigm on the lack of the basic assumptions of the legal positivism paradigm.Findings: This paper will discuss the 'criticism of legal prophetic paradigm against legal positivism paradigm' using a philosophical approach as it is intended to explore the basic assumptions of the epistemology basis of the school of thought in legal science through comparison between the school of thoughts in legal science. The legal prophetic paradigm places moral as the main basis as its basic assumption. The verses of Allah and the Hadith of the Prophet regarding justice are the ontological basis of the Paradigm.Application of the Study: The object of legal science is human relations contained within (governed by) legal norms. Law science attempts to understand its object in a "legal" manner, which is from the legal perspective. Understanding something legally means understanding it as law, that is, as legal norms or as the content of legal norms or understanding something as determined by legal norms.Novelty/Originality: The prophetic paradigm can be approached through a Religion Science-based approach. The importance of this approach/religion science in understanding phenomenological law is none other but the occurrence of void or the broken links due to legal positivism thinking that is unable to play a functional role in presenting comprehensive legal justice. Keywords: Legal Positivism Paradigm, Legal Prophetic Paradigm, Basic Assumptions]]>
<![CDATA[Law Enforcement of Fisheries Crime in North Maluku Province through Transcendental Paradigm ]]>
<![CDATA[Muhammad Amin Hanafi]]>;
<![CDATA[Absori Absori]]>;
<![CDATA[Khudzaifah Dimyati]]>;
<![CDATA[Ajid Abdul Syawal]]>;
<![CDATA[Arief Budiono]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.23917/jtl.v2i1.11368
<![CDATA[Objective: This article aims to discuss the enforcement of customary law in North Maluku, the deliberation value in the BMA Sultanate of Ternate, and the implementation of customary criminal sanctions by the Badan Musyawarah Adat.Methodology: The methodology used in this study was legal research conducted in a non-doctrinal qualitative approach. In this study, the law is not only conceptualized as all the principles and rules that regulate human life in society but also includes institutions and processes that actualize the validity of these rules in society.Findings: Law enforcement of fisheries crimes is based on the provisions of Indonesian Law No. 45 of 2009 concerning Fisheries. Criminal provisions are regulated by Articles 84 to 104. One of them is about sinking the ship used to commit fishing crimes. Sanctions given to the fish theft (illegal fishing) perpetrators in territorial waters that have been determined by the local customary head are 1) warning; (2) monetary charges according to the agreement of the local customary community; and (3) boat (pajeko in Ternate) or motorboat seized by the sultanate to be used by the community through profit sharing.Utility: Customary Institute of Ternate Sultanate in 2018 has decided on three cases in the Kao bay area concerning fish catching. Besides the traditional law enforcement that is implemented by the Sultanate, North Maluku recognizes Sasi Customs (Adat Sasi), which is regulation of tradition that limits people for catching fish or taking other sources in a certain type and particular period. Thus, the ecological balance is still maintained.Novelty/Originality: The concept of transcendental law enforcement is substantially in line with the values in the Segulaha tradition that has been applied for a long time in North Maluku. In Segulaha customary law, there is a traditional element in a person who has the same soul with transcendental values by positioning revelation as the source of the law. Keywords: Law Enforcement, Fisheries Crimes, Transcendental Approach]]>
<![CDATA[Policy Regarding Increased Control of Circulation or Trade of Dog Meat in Karanganyar Regency (Reviewed through the concept of Animal Welfare and The Rule of Adz-Dzariah Fiqh) ]]>
<![CDATA[Nuria Siswi Enggarani]]>;
<![CDATA[Wisnu Tri Nugroho]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.23917/jtl.v2i1.10934
<![CDATA[Objective: This study aims to determine the implementation of policies regarding increasing supervision of the distribution or trade of dog meat in Karanganyar regency and to find out the policy review through the concept of animal welfare and adz-dzariah rules. Methodology: This research is a juridical-empirical method, with the type of research being analytic descriptive, and the data collection method used is library research and field research. Finding: This research shows that the implementation of policies regarding the increase of supervision on the distribution or trade of dog meat in Karanganyar is divided into the stages of pre-implementation, implementation, and post-implementation. The policy is also a step towards realizing the concept of Animal Welfare because this policy will stop the torture of dogs. In contrast, in the rule of adz-dzari'ah fiqh, the implementation of the policy is to implement the sharia maqashid, which aims to protect Al-Kulliyah Al-Khamsah. Application of the Study: The policy on increasing supervision of the distribution or trade of dog meat is essentially to prevent the spread of zoonoses and stop the practice of violence against dogs. While this research is expected to provide an overview and information on the implementation of the policy. Originality/Novelty: This research can be categorized differently from previous studies, where this research is more focused on the implementation of policies in Karanganyar which are then analyzed with the concept of Animal Welfare and the rule of adz-dzari'ah fiqh. Keywords: Adz-Dzari’ah, Animal Welfare, Policy, Maqashid Syari’ah]]>
<![CDATA[Pancasila and Economy Prophetic: the Reconstruction Efforts of Indonesian Economic Law ]]>
<![CDATA[Nurjannah Septyanun]]>;
<![CDATA[Tin Yuliani]]>
<![CDATA[ Journal of Transcendental Law Volume 2, No 1, 2020 ]]>
Publisher : <![CDATA[Law Doctoral Program Universitas Muhammadiyah Surakarta ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.23917/jtl.v2i1.11104
<![CDATA[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.]]>
