Transcendental Legal Principles in Restorative Justice A Review of Critical Legal Theory Studies
It is time for Critical Legal Studies as a critical thought to be used to criticize the application of law in Indonesia. This criticism is very useful to build Indonesia which is in a transitional period as it is today from the forces that try to dominate both from our own country and abroad (intern...
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Law Doctoral Program Universitas Muhammadiyah Surakarta
2022
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| Online Zugang: | https://journals.ums.ac.id/index.php/jtl/article/view/18415 |
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| author | Saputra, Andy Hermana |
| author_facet | Saputra, Andy Hermana |
| author_sort | Saputra, Andy Hermana |
| collection | OJS |
| description | It is time for Critical Legal Studies as a critical thought to be used to criticize the application of law in Indonesia. This criticism is very useful to build Indonesia which is in a transitional period as it is today from the forces that try to dominate both from our own country and abroad (international capitalist powers) and this is very dangerous. The criticality of Critical Legal Studies which is behind the emergence of a reform of the social reality and legal system that already exists in Indonesia, and its commitment to develop it as a legal theory and give birth to an innovation in the Indonesian judicial system with the application of Restorative Justice in state law enforcement institutions.Thoughts in modern science which have been in the corridor of modernist-positivistic hegemony with empirical, objectivist, and rational doctrines have begun to be challenged by transcendentalists. Transcendental thinking is seen more in religious, spiritual, ethical, and moral values.Restorative justice is an approach that aims to build a judicial system that is sensitive to legalissues, restorative justice is a form of criticism of the criminal justice system in Indonesia today which tends to lead to retributive goals, namely emphasizing justice in retaliation. Restorative justice is one of the spiritual intelligences (Spiritual quotient) for humans according to transcendental law because it is able to build new perspectives and horizons in the life of the criminal justice system in Indonesia that revenge is not the only final goal to achieve justice, that there is a role for victims to participate in determining thought process. Restorative Justice is a human spiritual intelligence capable of building humans to be more creative and able to overcome essential problems.Keywords: Transcendental Principles, Restorative Justice, Critical Legal Theory Studies |
| format | UMS Journal (OJS) |
| id | oai:ojs2.journals.ums.ac.id:article-18415 |
| institution | Universitas Muhammadiyah Surakarta |
| language | eng |
| publishDate | 2022 |
| publisher | Law Doctoral Program Universitas Muhammadiyah Surakarta |
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| spelling | oai:ojs2.journals.ums.ac.id:article-18415 Transcendental Legal Principles in Restorative Justice A Review of Critical Legal Theory Studies Saputra, Andy Hermana It is time for Critical Legal Studies as a critical thought to be used to criticize the application of law in Indonesia. This criticism is very useful to build Indonesia which is in a transitional period as it is today from the forces that try to dominate both from our own country and abroad (international capitalist powers) and this is very dangerous. The criticality of Critical Legal Studies which is behind the emergence of a reform of the social reality and legal system that already exists in Indonesia, and its commitment to develop it as a legal theory and give birth to an innovation in the Indonesian judicial system with the application of Restorative Justice in state law enforcement institutions.Thoughts in modern science which have been in the corridor of modernist-positivistic hegemony with empirical, objectivist, and rational doctrines have begun to be challenged by transcendentalists. Transcendental thinking is seen more in religious, spiritual, ethical, and moral values.Restorative justice is an approach that aims to build a judicial system that is sensitive to legalissues, restorative justice is a form of criticism of the criminal justice system in Indonesia today which tends to lead to retributive goals, namely emphasizing justice in retaliation. Restorative justice is one of the spiritual intelligences (Spiritual quotient) for humans according to transcendental law because it is able to build new perspectives and horizons in the life of the criminal justice system in Indonesia that revenge is not the only final goal to achieve justice, that there is a role for victims to participate in determining thought process. Restorative Justice is a human spiritual intelligence capable of building humans to be more creative and able to overcome essential problems.Keywords: Transcendental Principles, Restorative Justice, Critical Legal Theory Studies Law Doctoral Program Universitas Muhammadiyah Surakarta 2022-12-18 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://journals.ums.ac.id/index.php/jtl/article/view/18415 10.23917/jtl.v4i1.18415 Journal of Transcendental Law; Volume 4, No 1, 2022; 16-30 2714-965X 2714-9676 eng https://journals.ums.ac.id/index.php/jtl/article/view/18415/8041 Copyright (c) 2022 Journal of Transcendental Law https://creativecommons.org/licenses/by/4.0 |
| spellingShingle | Saputra, Andy Hermana Transcendental Legal Principles in Restorative Justice A Review of Critical Legal Theory Studies |
| title | Transcendental Legal Principles in Restorative Justice A Review of Critical Legal Theory Studies |
| title_full | Transcendental Legal Principles in Restorative Justice A Review of Critical Legal Theory Studies |
| title_fullStr | Transcendental Legal Principles in Restorative Justice A Review of Critical Legal Theory Studies |
| title_full_unstemmed | Transcendental Legal Principles in Restorative Justice A Review of Critical Legal Theory Studies |
| title_short | Transcendental Legal Principles in Restorative Justice A Review of Critical Legal Theory Studies |
| title_sort | transcendental legal principles in restorative justice a review of critical legal theory studies |
| url | https://journals.ums.ac.id/index.php/jtl/article/view/18415 |
| work_keys_str_mv | AT saputraandyhermana transcendentallegalprinciplesinrestorativejusticeareviewofcriticallegaltheorystudies |