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

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.