Prophetic Paradigm Research Articles

Transcendental Ethics between Islam and the West: An Analysis of the Fatwa of the National Sharia Council of the Indonesian Ulema Council on Usury in Murabahah

Objective: This study aims to analyze the aspects of transcendent ethics between Islam and the West as material for analyzing the aspect of usury in the DSN-MUI fatwa on murabahah. Theoretical Framework: This paper used the philosophy of axiology or philosophy of values as a theoretical framework. It also uses the prophetic paradigm. Method: This study uses a normative-philosophical legal research method. The type of data is secondary with a literature review to obtain data. While the data analysis uses descriptive analysis, interpretation, and hermeneutics. Results and Discussion: The results of the study show that the fatwa on murabahah, especially those related to the regulation of usury as stated in the DSN-MUI fatwa No. 04/DSN-MUI/IV/2000, shows that Islamic ethics is still mixed with western ethics, especially Protestant ethics in Max Weber's understanding. This happens because there is a clause in the general provisions that allows customers to buy their own goods using the wakalah contract. Research Implications: The implication is that researchers must be more and more productive in discussing and writing about murabahah. This research is limited to the DSN-MUI fatwa and ethics to understand usury in murabahah so it needs to be expanded again with other aspects, such as contracts, guarantees, discounts and others. Originality/Value: Research on murabahah and the DSN-MUI fatwa has been widely conducted by researchers both in Indonesia and the world. However, research that discusses aspects of Islamic and Western ethics as a barometer for assessing fatwas is still very rarely conducted by researchers. So, this research is very important to add references and different perspectives to assess fatwas.

Mining corruption, environmental damage, and the increasing unauthorized properties of state officials

Indonesia is blessed with natural resources in the form of minerals and coal. Their use must be directed towards the greatest welfare and prosperity of the people based on the 1945 Constitution. However, what is currently happening is the opposite. the Attorney General revealed case of alleged corruption in the trading system of tin commodities in the Bangka Belitung region. The suspects include businessmen, directors, crazy rich Indonesians, and artists who are now increasingly attracting public attention. The total state losses were equivalent to $16,667 billion USD. This research used a sociological legal research model. The research object was the legal behavior in the reality of society. It was found that to formulate appropriate law enforcement for mining corruption, Friedman’s legal system theory approach was used. This theory includes legal structures, with good synergy from each law enforcement institution. Concerning the legal substance, apart from using the Corruption Crime Law, perpetrators also need to be impoverished by regulating the crime of money laundering. In terms of legal culture, state officials should uphold ethics and integrity to achieve good governance. Meanwhile, restoration of environmental damage resulting from mining activities can begin with future environmental policies that are directed towards ensuring the safety and health of the human life as well as controlling the wise use of natural resources. The integration of environmental law and Islam can be carried out using a prophetic ethical approach. The prophetic paradigm interprets nature as something sacred as humans only borrow it and manage.

Model of Students' Prophetic Character Building of Madrasah Aliyah in Responding to Global Sociocultural Change Era

This study aims to uncover and formulate a conceptual model, implementation strategy, and impact assessment of building prophetic character in students to address sociocultural changes in the global era. Using a qualitative multi-case study design, research was conducted at Madrasah Aliyah Swasta (MAS) Al-Ittifaqiah 2 Ogan Ilir and Madrasah Aliyah Negeri (MAN) 3 Palembang. Data were collected through observations, interviews, and documentation. Findings reveal that the vision is based on four pillars—the Qur'an and Hadith, culture, Pancasila, and government—while addressing consumer needs and anticipating sociocultural changes. This vision incorporates values of humanization, liberation, and transcendence, aiming to create "Ulama-intellectuals and intellectuals-Ulama." The model is executed through four pathways: formal education (KBM PAI) to establish an understanding of prophetic values, school-boarding culture to practice these values habitually and build discipline, extracurricular activities to stimulate the internal application of prophetic values, and family and environment to provide external control and reinforcement. Internal and external sociocultural factors act as both supporting and inhibiting instruments. The program fosters individual and social transformation, increasing participation in religious, environmental, and social activities. It also enhances the Madrasah's image as a holistic institution, addresses sociocultural anomalies, and promotes the prophetic paradigm, resulting in a resilient and adaptable prophetic character framework suitable for the global era. The study introduces the Interconnected-Prophetic Elaboration to Sociocultural Change (I-PESC) model, which effectively builds prophetic character, balancing spiritual and social dimensions while promoting unity and moderation. Future research should incorporate field studies to validate these findings and provide more robust evidence.

Development of an Enrichment Book on the Dynamics of Life in River Watersheds from an Islamic Prophetic Paradigm Perspective

The decline in watershed quality requires a handling role from the community. As part of society, students need to broaden their horizons, starting by studying watershed dynamics so they can carry out actual practice. Using the Islamic Prophetic Paradigm as a new perspective in learning can increase students' interest in general knowledge, religious fields, and practical examples of natural movements in everyday life. This research aims to develop an enriching book on the dynamics of river-watershed life from an Islamic prophetic paradigm perspective, intending to enhance students' learning and deepen their understanding of watershed dynamics by integrating scientific insights with Islamic teachings. The research and development of the ADDIE model uses questionnaire techniques in the form of pre-research questionnaires and validator questionnaires. The product's validity and feasibility level are tested using validity tests and field trials. The research data analysis technique uses descriptive qualitative analysis techniques and descriptive statistics. The research results show that the product follows learning outcomes, can increase students' interest in studying the Quran, and makes studying watershed dynamics easier. This research shows that product development is better than previous research and development. So, students can take advantage of this product.

Philosophical Paradigm, Prophetic Paradigm, Islamic Worldwide View on Economics: Concept and Practice for Management

The prophetic paradigm is a philosophical approach that explores the role of prophets and their messages in religious doctrine. This research aims to outline the various philosophical paradigms and their applications in management. In addition, the Islamic view of economics is also explained through three chronological periods, namely the Meccan period, the Medina period, and the Islamic knowledge structure period. After understanding these aspects, this research focuses on explaining the prophetic paradigm. This research is a literature research with a qualitative approach. The data was analysed using Miles and Huberman's qualitative data analysis method. The results showed that although the values drawn from this paradigm may vary among religions and traditions, there are often some common values, such as justice, compassion, and wisdom. Some of the implications of this paradigm for management practices can assist managers in implementing Islamic values in their businesses. Islamic values impact management practices through the influence of institutional and individual factors, which in turn contribute to the adoption of ethical behaviour and improved performance within the organisation.

COAL MINING RECLAMATION POLICY PROFETICAL BASED: STUDY IN EAST KALIMANTAN

This study aims to offer the concept of a prophetic paradigm in managing natural resources, especially minerals and coal, as a reference and guide for stakeholders, coal mining entrepreneurs, and the community on the values of morality and piety to the Creator. Method: This type of research was classified as legal, sociological research, in which the phenomenon was seen directly in the field with the purposive sampling method. It used primary data, namely direct interviews with stakeholders, companies, and communities in coal mining areas in the province of East Kalimantan. Then, the data were analyzed with the approach of case and philosophy in order to get the formulation of legal system factors that were not working properly and prophetic principles in the management of coal mines. Result: From this research, the coal mining reclamation policy made by the local government has not yet reached the legal objective because (1) there was no community participation, (2) unclear structural authority rules in natural resource management, and (3) uncertainty in the implementation of reclamation and post-mining regulations. Therefore, the concept is needed as a solution to solve the problem. Through the prophetic paradigm, the concept of Natural Theology is produced, which is directed to be able to care for nature through the application of Shari'a or moral values that are based on faith. Natural theology is an idea that requires humans to place nature as the highest priority in life. In this position, nature occupies the highest position compared to other materials.

Forming a Paradigm of Prophetic Law from the Perspective of Arkanul Bai’ah

The rational paradigm has long dominated the thinking of mankind in law, not to mention Indonesian legal experts and jurists. By basing a truth on the ratio, the rational paradigm assumes that reason is the only means to arrive at the goals and objectives in law. So it is not surprising that the rational paradigm brings out secularism, pluralism, liberalism, and even to atheism, because with the spirit of ratio it tries to penetrate the walls of sacredness (something that is fixed, holy, and permanent) in religion under the pretext of being critical. Therefore, a new paradigm is needed to balance this rational paradigm by developing a prophetic or transcendental paradigm. The prophetic/transcendental thought has also been developed by Kuntowijoyo, and his studies have been expanded by Indonesian scientists such as Prof. Abosori and Dr. Kelik Wardiono from Universitas Muhammadiyah Surakarta The prophetic paradigm as a new paradigm is still very possible to be studied and explored, so in this paper we will try to build a prophetic paradigm from the perspective of Arkanul Bai’ah which was initiated by Imam Hasan Al Bana as a charismatic ulema and recognized by the world for his knowledge. The problem in this paper is what is the form of the paradigm of prophetic law from the perspective of Arkanul Bai’ah? The research method used of research is descriptive analytical qualitative research, the approach used is a conceptual approach, while the data collection techniques come from the literature or this research is also called library research. The results of this study: ontology of prophetic law from the perspective of Arkanul Ba’iah is that the meaning of the law refers to the substance of Allah SWT (Allah Himself), so in understanding legal issues, it is obligatory to be guided by the Qur’an and Sunnah and use them as a benchmark in weighing the truth. Epistemologically, prophetic law views science and revelation as a unity that cannot be separated (integrated), when there is a conflict between revelation and reason, revelation must take precedence. Then in scientific development, it is necessary to pay attention to the framework that is tsawabit and mutaghayirat so that shari’ah and reason work according to the designation of their respective territories. And axiologically, prophetic law is useful in presenting benefit, justice, grace and wisdom.Keyword: Paradigm, Prophetic Law, arkanul bai’ah

Reconstructing the Integration between Islam and Wasathiyyah Based Social Science: An Epistemological Approach

Abstract This article is aimed to build bridge between Islamic Science and Modern Western Social Science and offer a wasathiyyah (moderate/median) oriented Social Science building from epistemological point of view. Through philosophical approach, this article suggests that in order to develop integrative social science, philosophers and Muslim scholars must incrementally and systematically formulate comprehensive integrative theory building which includes metatheoretical understanding imperative as the foundation or grand theme of the systematization of social theories. This study identifies that the gap in current modern social science is caused by the micro extremism approach and methodological individualism. Here is the importance and relevance of wasathiyyah (moderate/median) as principle of balance (tawazun) between individual and societal claim in the social life of Muslims. Through this proposal, prophetic paradigm putting forward balance/moderation (wasathiyyah) in developing the framework of integrative Islamic Social Science finds clearer orientation and direction. The next step is to derivate them into social theories and their practical forms.

Criticisms toward the job creation bill and ethical reconstruction of legislators based on prophetic values

Post the issuance of Law Number 11 of 2020 concerning Job Creation, the public paid more attention by continuing to protest and criticize. This response occurred due to various legislative deviations noticed during the legislative process of the Job Creation Bill by not adhering to the principles and procedures for the formation of laws and regulations. The main cause for this deviation is due to the ethics of the legislators who are not thoroughly compliant and obedient toward the statutory regulations and social ethics. Legislators’ understanding of law and life tends to be influenced by materialistic-positivistic views that bring forth consumptive, hedonistic, and secular demeanors and behaviors. On this basis, this paper tries to criticize and reconstruct the legislators’ ethics in law-making. This study is using a normative juridical method and is supported by a philosophical approach. The outcomes of this research show that the process in the making of the Job Creation Bill tends to override the principle of transparency and public participation with a closed and hasty pattern so that it is a complete ulterior hasty agenda that prioritizes the concept of regulating and monitoring only (top-down). A work ethic based on prophetic values that are supported by the ground principles of a prophetic paradigm that includes humanization, liberation, and transcendence into a new form of construction to be able to create a better and just legislative process.

Reconstruction of Educational Science With Prophetic Paradigm in Faculty of Tarbiyah at IAI Muhammadiyah Bima

The Tarbiyah Faculty of IAI Muhammadiyah Bima still uses educational science reference books , which nota bene does not contain prophetic elements explicitly. Reference books are students’ reference source to discover their knowledge, enrich the treasure of scholarly, and construct their thinking paradigm. This research aims to develop Educational Science reference by integrating prophetic values. This library research used philosophical and sociological approach es . The data source were educational science books, prophetic books , and others. The results showed that the reconstruction of educational science reference books by prophetic values construct civilized man, educated and well behaved as a humanist. It also optimized students’ critical and creative capacity, delivering the thinking system from the shackles of culture and tradition, class and sex dominations, and eliminating the oppression. Transcendentally construct their inners as God creature s who have to be responsible for themselves, their society, and nature. It has to balance between observable and unobservable matter by developing a method to stop stagnation of scholarly. The goal is to create prophetic students. Fakultas Tarbiyah IAI Muhammadiyah Bima masih menggunakan buku referensi ilmu pendidikan yang notabene tidak mengandung unsur profetik secara eksplisit. Buku referensi merupakan sumber rujukan siswa untuk menemukan ilmunya, memperkaya khazanah keilmuan, dan membangun paradigma berpikirnya. Penelitian ini bertujuan untuk mengembangkan referensi Ilmu Pendidikan dengan mengintegrasikan nilai-nilai profetik. Penelitian pustaka ini menggunakan pendekatan filosofis dan sosiologis. Sumber datanya adalah buku ilmu pendidikan, buku-buku profetik, dan lain-lain. Hasil penelitian menunjukkan bahwa rekonstruksi buku referensi ilmu pendidikan dengan nilai-nilai profetik mampu membentuk manusia yang beradab, berpendidikan dan berperilaku baik sebagai manusia. Selain itu, hal tersebut juga mengoptimalkan kapasitas kritis dan kreatif siswa, melahirkan sistem berpikir dari belenggu budaya dan tradisi, dominasi kelas dan jenis kelamin, serta menghilangkan penindasan. Secara transendental, membangun batin mereka sebagai makhluk Tuhan yang harus bertanggung jawab atas diri sendiri, masyarakat, dan alamnya. Hal ini harus mampu menyeimbangkan antara materi yang dapat diamati dan yang tidak dapat diamati dengan mengembangkan metode untuk menghentikan stagnasi ilmiah. Tujuannya adalah untuk menciptakan siswa yang profetik.

PARADIGMA SOSIAL PROFETIK DALAM KODE ETIK POLITIK DI INDONESIA

This study aims to reveal social prophetic values ​​in the principles of political ethics in Indonesia. This research is a qualitative research in the form of literature review. This type of legal research is normative legal research with a philosophical approach. The primary data source of this research is the text of the code of ethics of politicians and political parties. Meanwhile, secondary data sources use various scientific studies that are relevant to the object of discussion. The analytical theory approach used is Kuntowijoyo's social prophetic paradigm theory. This study concludes that the various principles of political ethics in Indonesia are parallel with the values ​​of humanization, liberation and transcendence. First, the principle of public benefit is parallel to the teachings of ukhuwah insaniyah and ta'awun insani. Second, the principle of honesty is parallel to the nature of shiddiq. Third, the principles of integrity and professionalism are parallel to the teachings of the khaira ummah, justice, deliberation, ulul albab, Imamat, and tauhid which are liberating. Fourth, the principle of accountability parallel with amanah. Fifth, this principle of justice is parallel to the universal teaching of Islam in the form of al-adalah.

Pancasila and Economy Prophetic: the Reconstruction Efforts of Indonesian Economic Law

Purphose: The importance of the transcendental paradigm, able to change the demoralization of the economic sphere, affects the changing economic goals of Pancasila. Methodology: Using normative legal research, with paradigmatic approaches and using qualitative descriptive analysis. Finding: The symbolic phenomenon of religious rituals is not merely ritualism in the concept of civil religion. But able to penetrate the particulate partition of the operational dimension. Similarly, the prophetic paradigm, with its prophetic ethics in terms of liberation, humanization, Transcendence, gives space to the fundamental beliefs of society in economics. Civil religion minimizes the ongoing dominance, hegemonic, and exploitative of anti-humanity. The prophetic paradigm and civil religion are capable of being great energy for the realization of the idealism of Pancasila, the first of the transcendental meaning. Importance: The transcendental dimension, of the first Sila, being a turning point. The importance of awareness of the community, and the legal traveler for the reconstruction of Indonesian economic law to realize the social justice of Pancasilais. Originality/Novelty: The Prophetic and civil religion paradigms, becoming one of the bids on economic demoralization. Keyword: Civil Religion; Profetic ethics; Pancasila; Indonesian economic law.

Paradigm of Legal Thought: Legal Prophetic Perspective

Objective: This article aims to discuss ‘criticism of legal prophetic paradigm against legal positivism paradigmMethodology: This research conducted a normative method used by legal positivists. This research is based on a philosophical approach as it is intended to explore the basic assumptions of the legal prophetic paradigm on the lack of the basic assumptions of the legal positivism paradigm.Findings: This paper will discuss the 'criticism of legal prophetic paradigm against legal positivism paradigm' using a philosophical approach as it is intended to explore the basic assumptions of the epistemology basis of the school of thought in legal science through comparison between the school of thoughts in legal science. The legal prophetic paradigm places moral as the main basis as its basic assumption. The verses of Allah and the Hadith of the Prophet regarding justice are the ontological basis of the Paradigm.Application of the Study: The object of legal science is human relations contained within (governed by) legal norms. Law science attempts to understand its object in a "legal" manner, which is from the legal perspective. Understanding something legally means understanding it as law, that is, as legal norms or as the content of legal norms or understanding something as determined by legal norms.Novelty/Originality: The prophetic paradigm can be approached through a Religion Science-based approach. The importance of this approach/religion science in understanding phenomenological law is none other but the occurrence of void or the broken links due to legal positivism thinking that is unable to play a functional role in presenting comprehensive legal justice. Keywords: Legal Positivism Paradigm, Legal Prophetic Paradigm, Basic Assumptions

الوحي بين مقاصده ومطالبه من خلال نظرية المنهاج النبوي للإمام عبد السلام ياسين

The present study is about an analysis of the purposes and requirements of revelation deriving out of al-Minhaj al-Nabawi (the Prophetic Paradigm) project of Imam Abdessalam Yassine. This study seeks to highlight the formulation of Yassine on the subject of the maqasid (purposes) and matalib (requirements) of revelation. After introducing Yassine and the Prophetic Paradigm project in general, this study presents Yassine’s notion on the purposes of revelation that seeking to fulfill the universality, his general review of maqasid principal allusion and the requirement of revelation. This study collects documents related to Yassine thought based on the document study method, then analyses it through textual analysis method by explaining its issues, comparing with other scholars’ views, and then synthesizing them according to the concept of this study. As a result, this study discovers that Yassine reclaimed and emphasized the universality of the Quran such as justice and ihsan (spontaneous virtue) in his formulation of the Prophetic Paradigm. He also demonstrates the importance of revelational understanding in historical context as well as the consideration of serving the public interest of ummah (the Muslim community). These concepts will enable the fortification of religion and the unity of nation.

The Prophetic Paradigm of Rooting the Civilizational Components to Invest Human and Natural Resources According to Financial Transactions (An Analytical Study)

The Prophetic Sunnah attached importance to what Allah has endowed the human body with in terms of mental energy with which a person thinks and plans, and physical energy with which he builds and invests. Moreover, it was keen on marshaling intellectual and physical capacities without forfeiting one or neglecting the other, thereby balancing between them. Actually, it called for harnessing both, whereby thought and the body are among the components of the structure of civilization and where both function in their domains of creativity and ability to contribute. This aspect which the present study tackles through elucidation and exposition identifies texts of the Prophetic Sunnah to highlight the substantial role of the Prophetic Sunnah in building human civilization and its care for the human elements in terms of the intellectual and physical dimensions, Moreover, the study brings into focus the civilizational aspect in the Prophetic Sunnah which states the role of Islam in building the earth by harnessing the resources and wealth which Allah endowed it with, both apparent and hidden, as one of the components of the structure of human civilization through the following axes: First axis : The civilizational components in the investment of human, intellectual and physical resources in the Prophetic Sunnah. First : Civilizational components in the investment of human intellectual resources in the Prophetic Sunnah. Second : Civilizational components in the investment of human physical resources in the Prophetic Sunnah. Second axis : Civilizational components in the investment of natural resources in the Prophetic Sunnah. DOI: 10.7176/EJBM/12-5-05 Publication date: February 29 th 2020

Prophetical Law Paradigm: A Synthesis Of Thoughts Of Legal Philosophy Development

ABSTRACT Purpose: This article aims to explain the philosophy dialectics of positivistic law and post positivistic law and elaborate on the dialectics of synthesis of thoughts of prophetic legal. Methodology: This research used a philosophical approach. The data were taken from secondary data using primary and secondary legal materials. The data were presented in an analytical descriptive manner, then analyzed in a normative juridical manner. Finding: The development of legal philosophy as an art of thought between empiricism, reality, rationality, and irrationality. Integration must be in presence to find the legal synthesis which is perceived capable of providing answers to the missing synthesis concerning the law. The basis of integration is conducted by retrieving the history and the thought schools development of natural philosophy, positivistic, non-systematic law and prophetic law. The synthesis of the thought schools of philosophical law is not only a reality built from the law itself but also the existence of extracurricular nullifications that can be synergized into near-perfect law. Benefit: The benefit of this research is to present the phenomena of various legal paradigms that develop simultaneously as a synthesis of legal development and as an answer to various problems of legal philosophy. The positivistic, non-systematic synthesis and the prophetic paradigm are the paths to near-perfect truth. Originality/Novelty: The prophetic paradigm developed within the framework of micro and macro realities are considered capable of providing answers to the reality of various criticisms that have existed so far. This prophetic paradigm has bonded micro, macro and transcendent realities which are divided into three categories; Theology, Humanity and Natural Sciences which are based on God’s verses on the Qur'an and Sunnah. Keyword: Philosophy of Law, Synthesis, Prophetic

THE STRENGTHENING HALAL TOURISM BASED ON PROPHETIC ISLAMIC PARADIGM THROUGH THE HISTORICAL SOCIAL INFERENCE OF THE SASAK, SAMAWA, AND MBOJO-NTB

This article discusses the strengthening of halal tourism based onthe Islamic Prophetic Paradigm. Halal tourism built in West Nusa Tenggara is unclear and final about the direction and concept. Many parties are hesitant and criticized about the title of the halal destination carried by the regional government. Is it true that the government is committed to creating a religious and halal tourism environment? Is it in line with the historical social inference of the NTB community in wrapping the cultural customs of the tribes in the region?. This study uses the sociological method of jurisprudence, with the approach of the Islamic prophetic paradigm.Furthermore, it uses the procedureof historical social inference to find convergence between Islamic values and the past, social aspects of the three major tribes in NTB. The results of the study show that the support and commitment of the NTB local government towards halal tourism that was built is based on Ahklak, Adab, and eastern culture. The main scheme is Muslim world tourists. This Akhlak, Adab, and east culture are very important to give a different color and show the local identity of an area. The halal concept was found through the convergence of cultural values and customs of the three tribes in NTB, namely the Sasak, Samawa, and Mbojo (Sasambo) tribes. It is contained and agreed upon in the norms and culture of the community, actualized at specific convergence points. The convergence of Islamic prophetic values with the historical, social benefits of the Sasak, Samawa and Mbojo tribes is seen in terms of halal food patterns, civilized patterns of association, clothing, and other economic trends. Like the Sasambo tribal philosophy “AdatBersendikanSyara’, Syara’ is based on the book of Allah’, which increasingly gives its Islamic identity. These paradigms and philosophies are the principal capital for the creation of regional halal regulations, accommodating local entities that are inherited and civilizedthrough local friendly entities.

Prophetic : An Epistemological Offer for Legal Studies

Purpose of the study:This article aims to define Prophetic (Islamic demystification/Islamic scholarship) which is a concept offered by Kuntowijoyo to integrate science and religion. Unlike western epistemology, prophetic includes revelation and the heart as part of the ontology. From the aspect of prophetic epistemology, it is based on synthetic and analytic approaches with transcendental structural methods, while from axiological aspects, justice with prophetic ethical values are humanization, liberation, and transcendence, becomes the goal and values.Methodology: This research was based on a philosophical approach because it was intended to explore the epistemological building of the prophetic paradigm offered by Kuntowijoyo. The main sources of information in the form of Kuntowijoyo's writings and thoughts about the prophetic paradigm were collected through library studies. The data that have been processed were analyzed using descriptive analysis, interpretation, hermeneutics, and heuristics.Main Findings: Prophetic can be used as one model to integrate science and religion, which is done by connecting the text with the context.Applications of this study: This study can provide keywords that can be used as a guide to understand prophetic such as: (1) qauliyah verses, kauniyah verses, and nafsiyah verses; revelation, reason, heart, and senses, as a keyword in understanding aspects of ontology; (2) synthetic and analytic approaches with transcendental structural methods, as keywords in understanding aspects of epistemology, and; (3) justice which is based on prophetic ethical values encompassing humanization, liberation, and transcendence, as keywords in understanding the axiological aspects.Novelty/Originality of this study: understanding the prophetic paradigm of Kuntowijoyo

PEMBERANTASAN TINDAK PIDANA KORUPSI Hukum Non Sistemik dan Hukum Profetik


 This article examines the empirical facts about the failure of the state (government) to eradicate this already acute corruption. Although there are laws that regulate it and there is already a special commission to eradicate corruption, namely the KPK, many still fail. The main cause is that our law still adheres to the all-mechanical-formal-legalistic system built by legal positivism. So on that basis there needs to be a new formulation as an alternative effort to make Indonesia free from corrupt practices. This study uses two theoretical approaches, namely non-systemic law / chaos theory and prophetic law. According to chaos theory, Charles Sampford in his book entitled The Disorder of Law Critical of Legal Legal Theory is not seen as a system-mechanical building, but also as liquid reality. Chaos theory states, legal theory that must be understood as a system-mechanical chaos theory (according to the view of legal positivism) is clearly a mistake, that is a mistake from the beginning in photographing legal reality. The Prophetic law is one approach in understanding the contents of the verses of the Koran. This approach focuses more on empirical, historical and temporal aspects. In the prophetic paradigm, Kuntowijoyo understands that knowing God and learning revelation are important elements in explaining reality. He took this view from a Japanese scholar, Toshihiko Izutsu, who put up his work on the Semantic Al-Qur'an Field, in the title of God and Man in the Koran: Semantics of the Koranic Weltanchauung. Of the two new offers in the effort to eradicate corruption, it was found empirical facts that there is something wrong in understanding corruption itself so that it still remains a disease that threatens the moral of a nation. The key must be courage not to be confined in the shackles of the mechanically-formal-legalistic positivism of law.

PROPHETIC FORENSIC INTERVIEW: CRITICAL HERMENEUTICAL STUDY ON THE MOTIVES OF PERPETRATORS OF TERRORISM

Purpose: This study aimed to reveal the motives of the perpetrators based on critical hermeneutics. In Indonesia, the perpetrators of terrorism perceived that their acts as a form of jihad to fight the non-believers. Jihad as the legitimacy of religion becomes a means to pursue the blessings of Allah (swt) in the world and the hereafter.
 Methodology: Prophetic paradigm is generally used in accordance to the reality of religious beliefs based on the ontology of realism that life goes according to the laws of nature and the will of God. Furthermore, non-doctrinal sociological juridical approach was employed with qualitative method. Secondary data was obtained from the study of documents and books, scientific journals and internet related to terrorism. A prophetic forensic interview was used as the tool to analyze the data with interpretative phenomenology and interpretative understanding methods.
 Results: The results of the ontological study uncovered the phenomenon of religious values (jihad) that is expressed not from religion as its entity, but rather from the actions of the believers (terrorism).
 Implications: Thus, based on the epistemological realm, religious legitimacy was found out as the motive of terrorism as a justification of the act against the law. Based on the axiological realm, the prophetic law was violated, since the religious teachings become the legitimacy of violence, manifested in the acts of terrorism.