Dian Sanjaya, Fanny and , Prof. Dr. Absori., S.H., M.Hum. and , Prof. Dr. Khudzalifah Dimyati, S.H., M.Hum. and , Prof. Dr. Kelik Wardiono, S.H., M.H (2023) Bantuan Hukum Persyarikatan Muhammadiyah Berbasis Keadilan Transendental. Disertasi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Legal aid should be aimed at justice, so its implementation must focus on the rights of justice seekers who are in conflict with the law. Current legal aid is still based on the concept of traditional legal aid and structural legal aid. Legal aid is very dependent on the state budget and donor funds, both government and non-government, so it is very far from justice. After the enactment of the legal aid law, legal aid providers competed to obtain government accredited status to access the state budget. Another phenomenon is the strengthening of mega lawyering. This shows how great the power of funds and funders in the implementation of legal aid. The implication is that the implementation of legal aid only focuses on absorbing funds and gives the impression of being a formality far from the expected sense of justice. The sense of justice is felt even further as a result of poor law enforcement which has an impact on law enforcers who swear/ promise to God Almighty to obey and comply with the law instead of violating the law. Problem formulation: first, what are the characteristics of legal aid provided by Persyarikatan Muhammadiyah? secondly, what is the concept of Persyarikatan Muhammadiyah's legal aid based on transcendental justice? The aim is to describe the characteristics of legal aid provided by Persyarikatan Muhammadiyah and formulate the concept of Persyarikatan Muhammadiyah legal aid based on transcendental justice. Writing uses a non-doctrinal method. Conclusion: the characteristics of Persyarikatan Muhammadiyah legal aid are legal aid: constitutional jihad, humanitarian jihad and justice jihad. The concept of legal aid for Persyarikatan Muhammadiyah based on transcendental justice is preaching to do good, upholding the truth for justice imbued with religious values based on the Al-Qur'an and As-Sunnah which are the guidelines of Persyarikatan Muhammadiyah, among others first as an Islamic missionary movement through legal channels and amar ma 'ruf nahi munkar, secondly for the public interest of all Indonesian people, thirdly it does not differentiate between rural or urban communities so it applies nationally, fourthly oriented towards justice which is based on Pancasila, fifthly is responsive and responsive to respond to legal issues that arise, sixthly aims to carry out correction of unfair positive laws both after the regulation or decision comes into effect and before the regulation or decision comes into effect, the seven independent funding sources prioritize the spirit of charity so that they cannot be influenced by funders/donors.
| Item Type: | Thesis (Disertasi) |
|---|---|
| Uncontrolled Keywords: | Transcendental Legal Aid, Muhammadiyah Legal Aid. |
| Subjects: | K Law > KI Indonesia Law |
| Divisions: | Fakultas Pasca Sarjana > Program Doktor (S3) Ilmu Hukum |
| Depositing User: | Ari Fatmawati |
| Date Deposited: | 15 Dec 2023 07:56 |
| Last Modified: | 15 Dec 2023 07:56 |
| URI: | http://eprints.ums.ac.id/id/eprint/119086 |
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