Zuliyah, Siti and Shalihah, Fithriatus and Suryadi, Suryadi and Megawati, Megawati and Putri, Uni Tsulasi and Nugroho, Rahmat Muhajir (2023) THE PHILOSOPHICAL THOUGHT OF THE PROPHETIC LAW IN THE INDONESIAN LEGAL SYSTEM. [Artikel Dosen]
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HASIL CEK_Zuliyah Shalihah Suryadi Megawati Putri Nugroho_Law Implementation, Prophetic Law, Philosophic thought, Pancasila, legal system, Indonesia.pdf Download (3MB) |
Abstract
In Indonesia, the positivistic modern ideology is
currently experiencing a downfall due to its inability to
overcome the problems of human life. This study aims to
complete the explanation of why prophetic law is needed in
the Indonesian legal system in the juridical domain and the
implementation domain. This was qualitative research which
used a philosophical juridical approach. This paper used a de�scriptive method of analysis. In Indonesia, the prophetic law
refers to the ideology of Pancasila, which is interpreted as the
nation‟s way of life. It reveals the relationship between
humans and God, the relationship among humans, and the
relationship between humans and the universe. The basis for
the thought and implementation of prophetic law in Indonesia
is the first principle of Pancasila and the Preamble to the 1945
Constitution, which stated that the proclamation of Indone�sian independence was a blessing from Allah (God) Al�mighty. In addition, based on Law No. 48 of 2009 concerning
Judicial Power, it is stated that the judiciary is carried out “for
the sake of justice based on the Belief in One God,” which is
the soul of decisions made by judicial bodies in Indonesia.n Indonesia, the positivistic modern ideology is
currently experiencing a downfall due to its inability to
overcome the problems of human life. This study aims to
complete the explanation of why prophetic law is needed in
the Indonesian legal system in the juridical domain and the
implementation domain. This was qualitative research which
used a philosophical juridical approach. This paper used a de�scriptive method of analysis. In Indonesia, the prophetic law
refers to the ideology of Pancasila, which is interpreted as the
nation‟s way of life. It reveals the relationship between
humans and God, the relationship among humans, and the
relationship between humans and the universe. The basis for
the thought and implementation of prophetic law in Indonesia
is the first principle of Pancasila and the Preamble to the 1945
Constitution, which stated that the proclamation of Indone�sian independence was a blessing from Allah (God) Al�mighty. In addition, based on Law No. 48 of 2009 concerning
Judicial Power, it is stated that the judiciary is carried out “for
the sake of justice based on the Belief in One God,” which is
the soul of decisions made by judicial bodies in Indonesia.
Item Type: | Artikel Dosen |
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Keyword: | Law implementation, prophetic law, philosophic thought, Pancasila, legal system, Indonesia |
Subjects: | K Law > K Law (General) |
Divisi / Prodi: | Faculty of Law (Fakultas Hukum) > Faculty of Law (FH) Doc |
Depositing User: | Dra. Siti Zuliyah, M.Si |
Date Deposited: | 12 Aug 2023 04:17 |
Last Modified: | 12 Aug 2023 04:17 |
URI: | http://eprints.uad.ac.id/id/eprint/44594 |
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