Towards Religiosity-Based Legal Science: Critical-Constructive Prophetic Law on Positivism Paradigm

Abstract

Positivism, which is the spirit of modern legal development, has brought legal science to an increasingly ridiculous realm, resulting in the collapse of public trust in legal institutions. The alienation of legal principles such as the substance and legal structure of the religious value also contributes to this distrust. Thus, it is necessary to make a philosophical criticism of the legal positivism paradigm. This research is doctrinal research using a philosophical approach. The data collection technique was conducted by using a research library. The results of this study provide findings. First, the urgency of a philosophical criticism of the positivism paradigm is based on that this paradigm has taken the law away from the values of religious morality. Ideally, in the framework of prophetic law, law is not only a human affair, but as an embodiment of divine values. Second, critical-constructive prophetic law rests on the development of legal science based on transcendental religious values. The application in the Indonesian context is to synergize the pillars of humanization, liberation and transcendence within the framework of the rule of law Pancasila. Therefore, the law can benefit all. The contribution of this study will further strengthen the building of Indonesian law which is divinity, humanity, unity, democracy, and justice.