The Philosophical Thought of the Prophetic Law in the Indonesian Legal System

Pub Date : 2023-06-25 DOI:10.24234/wisdom.v26i2.1002

Siti Zuliyah, Fithriatus Shalihah, S. Suryadi, M. Megawati, Uni Tsulasi Putri, Rahmat Muhajir Nugroho

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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 descriptive 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 Indonesian independence was a blessing from Allah (God) Almighty. 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.

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印尼法律体系中先知法的哲学思想

在印度尼西亚，实证主义的现代意识形态由于无法克服人类生活的问题，目前正在经历垮台。本研究的目的是在司法领域和实施领域完成对印度尼西亚法律制度中为什么需要先知法的解释。这是一种使用哲学法学方法的定性研究。本文采用描述性分析方法。在印度尼西亚，预言法指的是潘卡西拉的意识形态，被解释为国家的生活方式。它揭示了人与上帝的关系，人与人之间的关系，人与宇宙的关系。在印度尼西亚，先知法的思想和实施的基础是潘卡西拉的第一原则和1945年宪法的序言，其中指出印度尼西亚独立的宣布是全能的安拉(上帝)的祝福。此外，根据2009年关于司法权的第48号法律，司法工作是“为了基于对唯一上帝的信仰的正义”而进行的，这是印度尼西亚司法机构作出决定的灵魂。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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