Universitas Islam Negeri Alauddin Makassar Proceedings, The 1st International Conference on Science and Islamic Studies (ICOSIS-2023)

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Transcendental epistemology in court decisions Islamic legal perspective
Rondang Herlina

Last modified: 2023-10-11

Abstract


The reality of legal positivism in the context of reforming it has made various efforts to create an ideal law, including changing the mindset of law enforcers and using legal arguments that were previously very compartmentalized in the ideals of legal positivism. Judges as the last bastion of legal justice, all decisions are expected to be able to realize the work of judges' thoughts and not be dominated by positivistic thinking patterns, which are often focused on the foundations of legal books and not other norms that live and are recognized in the legal system law in Indonesia. Therefore, this study examines transcendental epistemology in the judge's decision. This research uses a qualitative empirical approach to collect data through observation, interviews and documentation. The analysis technique was done by data reduction, verification, and analysis. Checking the validity of the data is done by triangulation method. The results of this study are expected to contribute to realizing the transcendental meaning of judge's decisions, which are not dominated by epistemological positivistic thinking patterns in the perspective of Islamic law.

Keywords


Epistemology, transcendental; judge's decision, perspective; Islamic law

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