ANALISIS POLA PEMBINAAN TERHADAP ANAK DI BAWAH UMUR PELAKU TINDAK PIDANA BERBASIS HUKUM TRANSENDENTAL

Abstract

The poor quality of law contained in Indonesia raises irregularity in its application. The existing of legislation is perceived as not fulfilling the sense of justice in the community causing a commotion. Based on this background, a thought emerged to change the existing legal paradigm in Indonesia, by incorporating transcendental law as a new color in lawmaking. Transcendental law itself comes from spiritual values so that the law will be more just, humanist, raises the benefit to humankind and aims to seek Allah’s approval. Transcendental law is believed to be a lot of positive response because it comes together the formation of a more civilized Indonesian legal system. The transcendental law in the context of Indonesia can be derived from the holy verses of the Qur’an, the hadith of the Prophet, the commentaries of the scholars and the fatwa of the The Indonesian Ulema Council. The point is that the rajas of the sharia may enter as the main legal colors in the making of the law even though it is not directly mentioned as a law derived from God.