Abstract:
The condition that law and legal apparatus in all levels including judges, are
imprisoned in fatal positivism. This understanding reduces the law only as mere deterministic,
mechanistic and esoteric laws and regulations. Solitary law is solitary law without include the
transcendence, morality, or custom. The final result of this paradigm is only able to present
legal certainty but lack of justice. The roots of all crises and the collapse of public trust in the
law are originated from a law that educates only the mouthpiece of the legislation. The law that
teaches the legislation as a sacred ideology, the law is just law or regulation. Fresh graduate
of law who fill positions of legal apparatus experts have skills but they are lack of empathy,
neglect of public justice and corrupt. A new legal choice paradigm is needed, namely theistic
legal realism which gives judges and other legal apparatuses the freedom from the shackles of
procedural justice in the style of positivism. Through the law with the Theistic Legal Realism
paradigm, it is expected that the legal apparatus will have virtue, to be able to read the substance
of justice with his faith in Allah rather than merely being a mouthpiece of the law and be able to
guard against despicable behavior on the basis of his faith.
