Transcendental Justice Legal Ideology of Indonesian Terrorism

DOI

10.2991/sores-18.2019.136How to use a DOI?

Keywords

justice; transcendence; ideology; terrorism

Abstract

The terrorism legal law in Indonesia has not yet been able to interpret a transcendental justice in first principle of Pancasila, “Ketuhanan Yang Maha Esa” (Belief in the one and only God) as basic spirit in creating and enforcing the Indonesian terrorism legal law. Islam offers a concept of transcendental ideology in controlling terrorism, which is “The law is not retroactive, has the presumption of innocence and punishment nullities because of doubts for God will not punish human without any notice. Rather, He warns through His messenger (Rasulullah pbuh.)”.This Islamic concept is indeed in line with first principle of Pancasila “Ketuhanan Yang Maha Esa”. The transcendental ideology guides both law-making and law enforcement agencies about terrorism to explore, follow, and understand justice values that live and thrive in community (conscience) as well as unwritten law (religion). The universality of transcendental justice in Indonesian terrorism legal law can be found in the values derived from the God’s attributes (al-hakam, al-adel, al-hakim) and the universality of al’adl, al-qist, and wasat. The transcendental justice in terrorism legal law embodies the values of both normativity and historicity as a method to achieve the seeking and leading process to the ideology of terrorism legal law in Indonesia.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Sidik Sunaryo
PY  - 2019/03
DA  - 2019/03
TI  - Transcendental Justice Legal Ideology of Indonesian Terrorism
BT  - Proceedings of the Social and Humaniora Research Symposium (SoRes 2018)
PB  - Atlantis Press
SP  - 597
EP  - 601
SN  - 2352-5398
UR  - https://doi.org/10.2991/sores-18.2019.136
DO  - 10.2991/sores-18.2019.136
ID  - Sunaryo2019/03
ER  -