hukum transendental

Redi, Ahmad hukum transendental. Urgensi Penegakan Hukum Berdimensi Transendental Ditengah Kekeosan dan Dominasi Positivisme dalam Berhukum (Telah Beberapa Kasus dalam Rezim Jokowi).

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Abstract

Law enforcement amidst the thickness of legal pluralism in Indonesia shows the interaction between the legal system, in which there is living lau, namely religious law and customary law. The transcendental law approach in enforcement becomes an urgent one in order to realize divine values as the highest value, humanity value, justice value, and the value of expediency Through his empirical experience in field advocacy and observations during this time under President Jokowis regime, stuttering law enforcement, being held hostage by the interests of the authorities, and leaving ethics in punishment. The model thinks law enforcement apparatus with a thinking model that enters the depth dimension ie searching for meaning and hidden value in the object under study. The thinking model is called spiritual thinking or piritual intelligence. Transcendental approach in law enforcement is what is meant by using spiritual intelligence. Spiritual intelligence does not want to be limited to a benchmark, nor is it just contextual, but wants to get out of the situation in search of truth, meaning, or deeper value. Spiritual intelligence is the concretization of the transcendental approach to law enforcement and is interesting to be linked to ways of thinking within the lau, which in turn affects ones actions in keeping the law, especially judges in court. The interaction between the law combined with spiritual values in the context of law enforcement becomes very important, which includes: ethics, morals, and religion. Attempts to re-discuss intense and profound legah religious, ethical and moral issues will support the results of the development of jurisprudence and law enforcement. This paper shows the existence of dialectic and battle paradigm or legai approach of law enforcement apparatus under President Jokowi regime, attraction between kekeosan, power, morality and transcendental in punishment. Thus, to examine and understand the law must be more emphasized in terms of substantive and transcendental nature by basing on social facts that can not be separated from religious, ethical and moral values toward the highest value of divinity and social justice.

Item Type: Article
Subjects: Karya Ilmiah Dosen > Fakultas Hukum
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: Puskom untar untar
Date Deposited: 17 Dec 2018 09:39
Last Modified: 17 Dec 2018 09:39
URI: http://repository.untar.ac.id/id/eprint/9473

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