Faith in God, Independence of Law and Independence of Judges (Study of Theistic Legal Realism in Legal Settlement)

Show simple item record Utami, Nofi Sri Suteki Saraswati, Retno Budiono, Arief 2021-11-09T02:44:25Z 2021-11-09T02:44:25Z 2018-12
dc.identifier.issn 2502-7646
dc.identifier.uri DOI: 10.21154/justicia.v15i2.1459
dc.description [ARCHIVES] Copyright Article From : Justicia Islamica (Jurnal Kajian Hukum dan Sosial) en_US
dc.description.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. en_US
dc.language.iso en en_US
dc.publisher Justicia Islamica en_US
dc.relation.ispartofseries Justicia Islamica;Volume 15, Nomor 2
dc.subject Deity en_US
dc.subject Law en_US
dc.subject Independent en_US
dc.title Faith in God, Independence of Law and Independence of Judges (Study of Theistic Legal Realism in Legal Settlement) en_US
dc.type Article en_US

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