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Journal of Transcendental Law
Published by Universitas Muhammadiyah Surakarta
ISSN : 27149676     EISSN : 2714965X     DOI : https://doi.org/10.23917/jtl
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Transcendental Law is an academic journal published twice a year by the Doctor Law Program of Universitas Muhammadiyah Surakarta. This journal was first published in 2019. The journal, intended as a communication, information, and development medium of law focuses its content on the results of studies in the field of law, conducted through a variety of known paradigmatic perspectives. 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. In addition, to carry out its function as an opening bridge with other parties within the wider community, the journal openly accepts the contributions of writings from experts from other disciplines who take the object of law studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
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Mainstreaming the Realism Paradigm on Eradication of Corruption Through Analysis of Law (Undang-Undang) No. 19 of 2019 Concerning the Eradication of Criminal Acts of Corruption Musyaffa, Nadhif Fadhlan; Paksi, Arie Kusuma; Moh. Nizar
Journal of Transcendental Law Vol. 5 No. 1 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i1.1915

Abstract

Through an analysis of Law No. 19 of 2019 concerning the Eradication of Criminal Acts of Corruption, this paper analyzes the paradigm adopted by the Indonesian government when formulating strategies to combat corruption. Since their inception in 1957, laws and regulations on combating corruption have changed to reflect the evolution of the problem, the causes of corruption's growth in Indonesia, the dynamics of politics and the economy, and other aspects. The formation of Indonesia's Corruption Eradication Commission (KPK) in 2003, which performs a number of tasks, was a turning point in the country's efforts to eradicate corruption. With the publication of Law No. 19 of 2019, which replaces Law No. 30 of 2002 with the eradication of criminal acts of corruption, reform was also continued. This writing aims to analyze and measure the paradigm used by the Indonesian government in making policies to eradicate corruption through the analysis of Law no. 19 of 2019. The author uses the content analysis method in analyzing the law. Analysis was carried out on three indicators; actors, authorities, and governance which represent the three paradigms; realism (state), liberalism (non-state), and constructivism (social construction). Based on the results of the analysis, it can be concluded that; Law No. 19 of 2019 is strongly influenced by the realism paradigm, and although the law is appropriate to replace the previous law, the law still has several weaknesses to be corrected and revised by the government.
Perspective of Development Law on the Impact of Investment in the Mandalika Circuit Project in Indonesia Almira Balqis
Journal of Transcendental Law Vol. 5 No. 2 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i2.1921

Abstract

The Mandalika circuit project is a development project for international standard sports facilities and of course is also supported by the various advantages that Lombok, West Nusa Tenggara has. In fact, for the first time after the Mandalika project was built, it will be used in world level competitions, namely Superbike (WSBK), Grand Prix (MotoGP). The development of the project has of course attracted attention both nationally and internationally, so it is not surprising that it will attract investors to invest their capital in Indonesia, especially for the Mandalika Circuit Development Project, Lombok. So that these investment activities will have impacts for and on Indonesia and the surrounding population. So, through this article, the author seeks to find out what impacts are caused and then elaborates on the views of Prof. Dr. Mochtar Kusumaatmadja's concept of development law. This writing uses a normative juridical approach which refers to statutory regulations, legal norms, and literature study. The concept of development law advocated by Prof. Mochtar is to make law (various investment regulations in the Mandalika project) a means/tool for societal renewal (change). Through the application of rules or regulations (law as a tool of social engineering) for continuity of activity direction the desired community in development. The role of law in the development of the Mandalika project is expected to ensure that these changes take place in an orderly manner with the aim of achieving order which is one of the classic functions of law.
Limitations on the President’s Term of Office from Maslahah Mursalah’s Perspective (Ijtihad as Determination of Islamic Law) Hanifah Kusumastuti; Imron Rosyadi; Rizka
Journal of Transcendental Law Vol. 5 No. 1 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i1.1922

Abstract

The dynamics of the presidential term in Indonesia have lasted since the Old Order, New Order, to the Reform Era. The regulations regarding the term of service of the head of state in this country have been changed several times and often invite pros and cons, as if they are never satisfied with being used as a topic of discussion about politics and power. The constitution that regulates this issue has even been amended. The idea of amending regulations related to limiting the presidential term of office has re-emerged at any time, especially in the midst of the heated political situation ahead of the general election. To examine the presidential term, a broader perspective is needed. The transcendental paradigm regarding restrictions on the head of state in Indonesia can not only be seen from a legal perspective, but also through ethical, moral and religious values. As a country with a majority Muslim population, the position of president can be reviewed under Islamic law. Maslahah Mursalah as a method of ijtihad can be used as a tool to analyze whether restrictions on presidential office are in line with the principles of benefit and preventing harm. This research uses the library research method, by analyzing positive legal regulations, Islamic law, as well as scientific literature related to this issue. The conclusion obtained from the writing is that limiting the presidential term of office is necessary and fulfills the requirements of the maslahah mursalah. This is because limiting the term of office of the head of state is a new problem that is not explained qathi in the two main sources of Islamic law, the Qur'an and the hadith, is enforced on the basis of values of the public interest, not individuals or groups, and contains the values of benefit and prevent harm.
The Role of Independent Commissioners in Realizing The Principles of Good Corporate Governance Apriliani, Desi
Journal of Transcendental Law Vol. 5 No. 2 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i2.1932

Abstract

The existence of independent commissioners is intended to create a more objective, independent climate, as well as to maintain fairness and provide a balance between the interests of majority shareholders and the protection of the interests of minority shareholders, even other interests. Independent Commissioners are needed by companies in Indonesia, especially for public companies. With the existence of independent commissioners, all interested parties benefit greatly, especially through the establishment of conditions in accordance with the principles of Good Corporate Governance, where independent commissioners can provide opinions with a higher level of independence and accountability.
Wedding in Bojonegoro in Al-‘Urf and Al-Maslahah Al-Mursalah (Phenomenological Study of Walimah Al-‘Urs Community in Pohwates Village, Kepohbaru District, Bojonegoro Regency) Abdullah, Zidni; Ihsan, Abid Miftakhul
Journal of Transcendental Law Vol. 5 No. 2 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i2.1935

Abstract

This research discusses Wedding in Bojonegoro in Al-‘Urf and Al-Maslahah Al-Mursalah (Phenomenological Study of Walimah Al-‘Urs Community in Pohwates Village, Kepohbaru District, Bojonegoro Regency). The purpose of this research is to answer the formulation of the problem: 1). How is the obligation to carry out walimah al-‘urs in the community of Pohwates Village, Kepohbaru District, Bojonegoro Regency?; 2). How is the strategy of implementing walimah al-‘urs (wedding) in the community of Pohwates Village, Kepohbaru District, Bojonegoro Regency?; 3). How is the impact of walimah al-‘urs on the wedding of the people of Pohwates Village, Kepohbaru District, Bojonegoro Regency? This research is a field research with qualitative methods. Data collection and research methods through direct interviews with respondents at the place of observation. All research data is collected and studied then analyzed descriptively analytically with a deductive mindset. The results of this study state that the practice of walimah al-‘urs which must be carried out by the people of Pohwates Village with luxury and festivity costs a lot of money, the minimum nominal that must be spent is IDR 41,000,000. The strategy taken to ease the burden of sahib al-hajah is in the form of arisan, buwuhan as debt, the implementation of walimah al-‘urs at harvest time, seserahan (Offerings given by the groom to the bride) with large and plentiful amounts. Walimah al-‘urs has a positive impact on the local community, namely, adding value to the sacredness and solidity of the household to maintain and preserve culture, strategies that appear to help, entertain, give a good name. While the negative impacts are the reduction in the practice of walimah al-‘urs in accordance with Islamic guidance, wasteful, delaying marriage continuously so that it can reduce productivity, increasing the risk of disorders in children, decreasing youth interest in marriage and the burden caused by debt and arisan.
A Comparison of the Concept of the Rule of Law in Indonesia and Islamic Law Azhari, Doni; Asmuni
Journal of Transcendental Law Vol. 5 No. 1 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i1.2061

Abstract

This research examines the idea of the rule of law in the theory of absolute liability and the perspective of Islamic law in Indonesia through comparative and conceptual analysis techniques. To compare and contrast the two, this research integrates the idea of the rule of law from general theory with the understanding of Islamic law. This research emphasizes the state’s initiative to incorporate the ideas of Islamic law into its legal framework. While the idea of the rule of law and the principles of Islamic law are relevant, combining the two presents both opportunities and obstacles. This research is innovative in how it blends these ideas in Indonesia’s diverse environment. The findings from this research can help create an inclusive and just rule of law.
Forest Damage on Sumbawa Island West Nusa Tenggara in an Ecological Justice Perspective Yahya, M.; Ridwan, Ridwan; Firmanto, Taufik; Wulandari, Ainun; Gufran, Gufran; Sukirman, Sukirman; Adnan, Adnan; Amin, Muhammad
Journal of Transcendental Law Vol. 6 No. 1 (2024): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v6i1.2357

Abstract

This article is the result of legal research that analyzes forest destruction on Sumbawa Island, West Nusa Tenggara from the perspective of ecological justice, focusing on the concept of ecological justice in forest management on Sumbawa Island, and policies on forest utilization on Sumbawa Island with the corn industry program which actually resulted in a crisis. environment in the form of forest destruction. The purpose of this study was to analyze forest destruction on Sumbawa Island, West Nusa Tenggara Province from the perspective of Ecological Justice, by conducting an analysis of forest management policies on Sumbawa Island. The method used in this study is a normative research method with a conceptual approach, statutory approach, conceptual approach, comparative approach, and analytical approach. The results of this study indicate that there has been massive forest destruction, for this reason the application of the concept of ecological justice in forest management on Sumbawa Island still needs to be implemented massively. This departs from the fact that massive forest destruction (natural exploitation) and/or environmental damage continues to occur, but an effective settlement of environmental cases has not yet been found. Likewise with the forest utilization policy on Sumbawa Island which still really needs a concrete role from the government and also the regional government of NTB . For the sake of realizing ecological justice, it cannot be separated from the role of the government as an institution authorized to implement laws and regulations. As the government as the guardian and/or executor of the law on the protection and management of the environment provides a sense of fairness in managing the environment. Keywords: Ecological Justice; Deforestation; West Nusa Tenggara; Sumbawa Island.
Elections Integrity: Realizing Ultimate Concern and Electoral Justice Yuli Purnama, Taufiq; Sigit Sapto Nugroho; Sarbini
Journal of Transcendental Law Vol. 5 No. 2 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i2.2386

Abstract

Democracy as a government by the people in which the supreme power is vested in the people and exercised directly by them or their elected representatives under a system of free elections. In general, democracy is often interpreted as a government by the people, for the people and of the people. The supreme power in a democratic system is in the hands of the people. Elections as a manifestation of a democratic state of law that provides space for competitive and periodic (sequential) elite circulation. Elections with integrity are determined by 3 prerequisites, namely (1) the integrity of the election organizers, (2) the integrity of the contestation (stages), and (3) the integrity of the election results. The implementation of elections with integrity is a will based on a noble concern (ultimate concern) for the achievement of quality and integrity elections as a manifestation of a democratic legal state. In addition to realizing a fair election (electoral justice) which encourages the holding of elections based on the principles of direct, free general, secret, honest and fair / luber jurdil (free and fair election), legal certainty (predictable procedure), election results according to voter choice (electoral integrity).
Juridical Analysis of Legal Updates on Crypto Assets in Indonesia (Comparative Study of Indonesian Law with Singapore and Islamic Law Views) Fitriana, Wulan; Maiza Dea Nuraini
Journal of Transcendental Law Vol. 5 No. 1 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i1.2476

Abstract

The progress of the financial industry marked by the emergence of crypto assets at the global level is a result of the development of technological advances, through Regulation No. 99 of 2018 concerning the General Policy for the Implementation of Crypto Asset Trading and followed up with regulation of the Commodity Futures Trading Supervisory Agency No. 8/2021 making crypto assets recognized as commodities, meaning that crypto assets in Indonesia are only recognized as commodity assets not as means of payment, related to the development plan of crypto asset exchanges in Indonesia, the need for legal updates related to regulations, human resources and governance. Besides, given its fluctuating nature and tending to give discontent, its use as a transaction is forbidden in Islam, but is lawful as long as it is used as a commodity asset with clear underlying assets and fulfills the sil’ah.This type of research is normative juridical and is analyzed using qualitative data analysis, using legal comparisons from countries that already have crypto asset regulation first, then the Singapore state deserves to be used as a parameter to conceptualize legal updates in Indonesia in the governance and regulation of crypto assets in Indonesia. This type of research is normative juridical and is analyzed using qualitative data analysis, using legal comparisons from countries that already have crypto asset regulation first, then the Singapore state deserves to be used as a parameter to conceptualize legal updates in Indonesia in the governance and regulation of crypto assets in Indonesia.
Crypto Assets as Dowry in Marriage According to Islamic Law in Indonesia Kirana, Anggun; Mahmudah, Masrifatun; Ali, Muhammad
Journal of Transcendental Law Vol. 5 No. 1 (2023): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v5i1.2713

Abstract

Nowadays, crypto assets are increasingly showing their existence, not only as digital assets but can also be used as dowries in marriage. However, the use of crypto assets as dowry does not yet have a legal basis in the Marriage Law or its amendments. Instead, it is determined that the validity of marriage is returned to the religious law of each prospective bride and groom. The focus of the purpose of this research is to analyze the law of crypto assets as a dowry in marriage from the perspective of Islamic law in Indonesia. This research is a type of normative legal research using the statute approach method. The legal materials used are primary and secondary legal materials. Data collection techniques are carried out through literature studies by tracing, collecting, researching, and reviewing or analyzing legal materials. The data obtained is then analyzed using qualitative analysis. The results show that the provisions regarding dowry in marriage according to Islamic Law are specifically regulated in the Compilation of Islamic Law, but there are no provisions regarding the conditions under which something can be used as dowry. In the legal context, crypto assets as a dowry in marriage according to Islamic law in Indonesia, based on the conditions of dowry outlined by Shaykh Abdurrahman Al-Juzairi, are invalid because crypto assets do not meet some of the requirements of dowry, namely valuable property, holy and halal goods, and known types and characteristics.

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