Transcendental Justice: Legal Ideology of Indonesian Terrorism

摘要

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-liakam, 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.