Formal genus of the value of justice in Indonesia

Abstract

This research aimed to find the formal genus of the value of justice in Indonesia. As known, justice that holds the sense of plurality universally transcends the boundary of formality of narrative texts in a normative way. The plurality of the value of justice that is laden with universality transforms to the genus of the school of thoughts vis-à-vis justice throughout history. Reduced meaning of justice in the perspective and the process of legislation is not powerful enough to negate the genus of justice that inherently represents the fundamental characteristics of justice. The look of the legislative process attractively reflects the genus of hunger for power intended to justify ambitions among factions in the domain of democracy. The formality in the legislation no longer represents the principle of the definition of the legislation and it is getting further away from the reach of the definition of aspiration, let alone to become an inspiration of the objectives of the state as mandated in the constitution. Holistic approach used in this research to find out the formal genus of justice in Indonesia. This research found that religious matters in the legislation-related authorities have become an acceptable ornament among the piles of the works of morality. The integrity that has become the genus of justice morality has transformed into a collection of texts hanging all over the wall of the national parliament. Religions are used as tools of negotiation in the formulation and the making of narrative texts before they are further transformed into legislation. Religions and powers in legislation are competing to find their point of the genus of normativization as expected by each faction. Law came into existence earlier than expected, leaving behind its umbilical cord like a prematurely born soul, the cord through which the values of justice are transferred from its mother, and these values have the dimension of plurality. Law is born, but since it is separable from its genus, it does not carry much of the meaning of birth.

Full text

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LEGALITY: JURNAL ILMIAH HUKUM
Journal homepage: http://www.ejournal.umm.ac.id/index.php/legality
Formal Genus of the Value of Justice in
Indonesia
Sidik Sunaryo1*
1 Faculty of Law, University of Muhammadiyah Malang, Malang, 65145, Indonesia
* Corresponding author: sidik_sunaryo@yahoo.co.id
Article
Abstract
Keywords:
Genus; Justice; Formality.
Article History
Received: May 24, 2021;
Reviewed: May 25, 2021;
Accepted: Jun 24, 2021;
Published: Jun 25, 2021
This research aimed to find the formal genus of the value of justice in Indonesia.
As known, justice that holds the sense of plurality universally transcends the
boundary of formality of narrative texts in a normative way. The plurality of the
value of justice that is laden with universality transforms to the genus of the school
of thoughts vis-à-vis justice throughout history. Reduced meaning of justice in the
perspective and the process of legislation is not powerful enough to negate the genus
of justice that inherently represents the fundamental characteristics of justice. The
look of the legislative process attractively reflects the genus of hunger for power
intended to justify ambitions among factions in the domain of democracy. The
formality in the legislation no longer represents the principle of the definition of
the legislation and it is getting further away from the reach of the definition of
aspiration, let alone to become an inspiration of the objectives of the state as
mandated in the constitution. Holistic approach used in this research to find out
the formal genus of justice in Indonesia. This research found that religious matters
in the legislation-related authorities have become an acceptable ornament among
the piles of the works of morality. The integrity that has become the genus of justice
morality has transformed into a collection of texts hanging all over the wall of the
national parliament. Religions are used as tools of negotiation in the formulation
and the making of narrative texts before they are further transformed into
legislation. Religions and powers in legislation are competing to find their point of
the genus of normativization as expected by each faction. Law came into existence
earlier than expected, leaving behind its umbilical cord like a prematurely born
soul, the cord through which the values of justice are transferred from its mother,
and these values have the dimension of plurality. Law is born, but since it is
separable from its genus, it does not carry much of the meaning of birth.
©2021; This is an Open Acces Research distributed under the term of the Creative Commons
Attribution Licencee (https://Creativecommons.org/licences/by/4.0), which permits unrestricted
use, distribution, and reproduction in any medium, provided the original works is properly cited.
INTRODUCTION
Understanding law involves understanding the values/principles implied in the
substantive matters of the law, while understanding the law at the surface already gives

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us enough challenge to grab the picture of why a law was made, what was it made for,
and what background and influences have served as the bases of the law made.
Law carries an abstract meaning. Thus, its content constitutes a collection of
values/principles. Law is lifeless unless they are in the hands of law enforcers who are
required to enforce the law with their "power", and this power is capable of controlling
whether the law is to survive or die. The understanding and open interpretation
established by law enforcers regarding the legal provisions that are explicitly stated
have transformed into real law. The failure of law enforcers, if any, may not bring this
law to life, stiffening and narrowing the written values carried in the law. That is,
whether a law is deemed fair or not depends on the law enforcers.
Satjipto Raharjo (Raharjo, 2010a), argues that the most important nature of the
law lies in its rigidity (lex dura sed tamen scripta- law is harsh/stiff, but this is the nature
of the written law). When the law came into writing and is forever recorded in a written
document, then the attention is dragged to how to use the law as a written document.
When a legal process is inseparable from the need for justice-seeking, then we are all
facing the legal texts, the text reading, text meaning, and so forth.
Law enforcement that requires the involvement of formal judicial bodies (police
departments, offices of prosecutors, courts, and departments of corrections) with all
their authorities also begs for an answer regarding where the development of the
politics of law is heading (Foreword & Tollison, 2010).
It is essential to know whether law reform is heading to prevention, which is a bit
symmetrically different in the enforcement. Law intended to prevent will tend to
require people (Arif, 2008) to serve as a subject of law. This way, the people prosecuted
are expected to be far more active than the law enforcers with all their juridical power
(Arif, 2008).
G. Peter Hoefnagels (Arif, 2008), stated; a criminal policy is the national
organization of the social reaction in crime… .a. a criminal policy is the science of
responses, b. a criminal policy is the science of crime prevention; c. a criminal policy
is a policy of designating human behavior as a crime; d. a criminal policy is a rational
total of the responses to crime.
Hoefnagels argues that criminal policy is principally a social policy (members
of society) mainly aiming to bring welfare to the people. This welfare would not have
existed without the interference of social defence (Erdianti & Al-Fatih, 2019). The
policy made to guarantee the security for the people represents the principle of a
criminal policy, since it is implied that welfare will not exist in an insecure society, or
vice versa. That is, whoever commits an act that is deemed annoying is subject to just
punishment, which is defined by Hoefnagels as penal (causing physical suffering) and
non-penal punishment. Law enforcement should tend to lean more on social policy by
affecting freedom (Hudson, 2003) of expressing public opinions about the value of
just and unjust punishment through the mass media, applying the provisions of

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procedural criminal law, and doing prevention without having to impose criminal
penalties on the offender (forgiveness).
The concept of forgiveness is not new in Islam in terms of any conduct
categorized into the scope of jinayah. The implementation of forgiveness in Islam can
be represented by fine/diyat imperatively on the condition that forgiveness is given by
the victim and his/her relatives to the offender of jinayah. This forgiveness can be
sourced from Quran and As-Sunnah. In several jinayah cases, customary values of the
local communities concerned (‘urf) are also considered in giving forgiveness by
avoiding the potential of greater damage over merit (maslaha).
Islam, in its perspective, sees the spiritual dimension in humans as in two
categories. Taqwa is defined as fearing only God. In this category, humans are seen as
individuals to act only according to their conscience, based on which kindness is
manifested. Conscience only brings virtue that allows people to see things objectively.
People following their conscience in every step of their lives are considered kaffah. On
the other hand, people who start their every step with lust are manipulative, and such
ill-natured humans may get trapped in greediness.
Islamic values come as a soul into the law enforcement in a judicial process to
bring justice. The universality of righteousness and kindness in Islamic values is
intended to serve as the basis for maintaining the existence of civilization for all human
creatures. Indonesian Constitution asserts that Indonesia was formed to guarantee
social welfare, to develop the nation's intellectual life, to protect the life of the people,
and to guarantee global security and social justice. The inception of this nation is
congruent with the Islamic concept of baldatun thoyibatun (welfare). There is no
likelihood for a state to be able to bring welfare without rabbun ghofur (social defence).
The basis of Islamic values (Rahmatan Lil 'Alamin) is defined as giving prosperity
to the universe. The principle of the reform of the legal system should be capable of
integrating the values of universality that are "genuinely universal", not based on other
values that are "temporary". Islam as intended in this study integrates values/principles
of righteousness and virtue that are absolutely universal.
The dimension of the values of justice in terms of texts and context are clearly
given in the following:

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Figure 1The Dimension of the Values of Justice in Terms of Texts and Context
Interpretation of the narrative text of written norms will give birth to the
dimension of formal justice, which is only limited to the formulation of written texts.
The narrative interpretation of contexts also produces substantive justice whose
substance was sourced from good and righteous values living and growing in the
society. The relationship of values built according to prescriptive texts will give birth
to the dimension of justice that serves as the basis of social interaction bound in an
organic, rational, and contractual relationship. The relationship of values established
based on the descriptive context will give birth to the dimension of justice in the
foundation of social interaction in an automatic, moral, and emotional way.
Narrative interpretation of texts will give rise to the dimension of formal justice
sourced from the relationship of textual values in prescriptive written form, causing
social obedience and compliance to be organic-contractual. Law is certain and rigid,
and what must or must not be done is written rigidly in legislation. The narrative
interpretation of context will produce the dimension of substantial justice sourced
from the relationship of contextual values as the moral basis living and growing in the
society descriptively. Social obedience and compliance are organic-emotional. Law is
just and dynamic since what is good and bad has become the fundamental of moral-
communal value (Rakowski, 1993) growing in line with civilization.
METHOD
The classic and recurring problem in the quest for justice lies in the meaning of
legislation that is getting even shallower structurally or laterally (Irwansyah, 2020).
Structurally, the legislative function is merely defined as a celebration of every faction
during law-making process, while literally, the subject matters of a legislative product
•context
value
relation
•text value
relation
•narrative
interpretation
of the
context
•narrative
interpretation
of the text
formal
justice
substantial
justice
descriptive
of morality
prescriptive
of norm

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have very minimum numbers of references and lack of adequate literacy in terms of
either texts or contexts.
A holistic approach in the ideological perspective of the nation as a cultural basis
should serve as an entire fundamental of thoughts and conduct in the legislation
process (Johnny Ibrahim, 2007). Procedural measures with no morality at the basis of
integrity will only lead to futile written law; the law exists in a physical state but it has
no basic values of the genus of justice that embody ideological values of the state within
which religious values are covered as the main factors in building its performance. The
legality and legislation cannot leave their institutions to create a law of high caliber.
RESULT AND DISCUSSION
The Rationality of The Genus of Justice
Humans as the most highly valued creatures are responsible to enforce law and
justice on earth (L.Tanya, 2011). Humans play their role as leaders in maintaining the
cosmic balance of the universe. The cosmic universe is derived from the morality called
ilahiah that serves as a self-control instrument against inherent lusts for power. The
reality of the genus of power is often too powerful to bend down with morality and
rational ethics. Thus, ilahiah as the womb of rational morality finds its relevance. The
genus cord serves as a passage through which virtues and righteousness of rational
morality receive the spirit of ilahiah that functions as the fundamental and direction in
politics of law that is flawlessly just.
The human genus in the perspective of Ilahiah represents a moral core (Kant,
2002) that is entirely rational. Human rationality comes along with mind and morality.
Rationality or reasoning (mind) reveals what is right or wrong and what fits life well.
Morality is to guide humans to decide the middle way to traverse between two extreme
paths to find justice. Morality guides people to pick wasathiyah (the middle way), the
choice that gives solid social attitude and mentality in the right portion. The law that
has the quality of ilahiah is like a catalyst of elements in extremism, radicalism, and
liberalism, all of which serve as the antithesis of the law per se.
Pragmatic radicalism is always linked to the stereotype of moral values of certain
religions. Radicalism deemed as crime must also face greater resolution no matter how
much the moral values of religion are spoiled due to this step. The state sees there is
no connection between the eradication of radicalism and the morality of peace
(religion). From the perspective of radicals, radicalism is intended to stand for a certain
belief or ideology according to transcendental morals. The moral justification given
partially becomes the fundamental of the act and behaviour of the radicals. The
inability of the state to guard and guarantee the freedom embraced by the radicals in
believing in a moral ideology that is of core importance in their life becomes the
justification of the radicalism, and the gaps of such perspectives can be narrowed down

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with experiences (White, 1993) in the exercise of power guided by reasoning and moral,
since unspoiled reasoning and moral always pick the middle way to find justice.
The Notion (Bedner, Irianto, Otto, & Wirastri, 2012) of law is not only restricted
to a normative concept, but the cognitions of crimes can be different in political and
cultural context. In radicalism, for example, the sense of offense radiated from
radicalism can be viewed differently by those having authority in the state (social fact)
in comparison to the perspectives of the people or the radicals (social definition). Thus,
the substance of the ideology of law dealing with radicalism should put all those
perspectives in diametral harmony. Cognitively, radicalism is not always taken as an
offense that deserves severe punishment by the people in general, recalling that this
deed is possibly due to the subjective and transcendental religious moral motive that
justifies radicalism. In terms of the context of those having power at the state level,
radicalism is present as a threat that jeopardizes stability.
Law has many dimensions (Irianto, 2009), and understanding law should conform
to the social, cultural, economic, and political contextual conditions entirely. The
complexity of life humans are living demands a vivid understanding of the objectives
of law outside normative texts. Normative texts should be seen as a narration
describing what legislators expect in a limited scope. Normative texts do not merely
reflect the justification of the expectation of the people although they are subjectively
made by the legislators. These texts represent the partial embodiment of legislators in
fulfilling the formality of the main tasks of the legislators, as what is set forth in the
legislation.
Every law has political, economic, social, and cultural dimensions. This even
involves other dimensions such as security, defense, and supposedly morals (religion).
The plurality of the substantive matters of law should be made integral within the
perspective of the universality of law that describes the vigor of the principle of justice
for all, while the plurality of the dimension of law represents the justice of all.
Universality does not give rise to plurality and vice versa.
National insight (Dimyati, 2010) of Indonesia should be capable of serving as the
principles that lay the groundwork for national law. This national insight can be found
in pre-existing values in Pancasila (Five Principles) constituting divinity, unity,
deliberation, and justice, and it can further be found in the Preamble of the 1945
Indonesian Constitution constituting ‘develop the nation’s intellectual life’, ’advance
general prosperity’, ‘contribute to the implementation of a world order based on
freedom, lasting peace, and social justice’. All these values represent the crystallization
of the national insight of Indonesia. Thus, developing the legal systems in Indonesia
must adopt all these divine values high above the other values since the divine value
should act as the soul and the vigor needed in law-making and enforcement by the
state authorities.

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In brief, the rationality of the genus of justice can be explained in the following
chart:
Figure 2 The Rationality of the Genus of Justice
The rational of ethics should be seen as an instrument to control society to ensure
that social structure remains on track and appropriate. Behaviour of an individual
represents a reaction given to how others behave. Thus, a law exists to control or
respond to those taking the wrong way. The rationale of ethics should also be seen as
a method to rationalize what is not acceptable, related to what is and is not acceptable
in theological values. Thus, it is essential that righteousness and virtues be found in the
main genus, God (Meyer, 2010). A just law should come from the message of God
(rational genus).
A theological rationale should be taken as an instrument to control individuals/for
self-control to ensure that social structure remains within the extent of moral values in
the society definitively. The behavior of each individual is a self-perception, defining
what is right or wrong. Law is intended to shape the awareness of each individual since
social order will not form itself without the contribution of individual awareness in
society. Principally, every individual was born and created by God with all his/her
dignity and respect embedded in him/her.
Law aiming to control social structure and individuals will bring about the
principle of justice for all, while the law whose substance describes moral values of
social facts and social definition will bring about the principle of justice of all. Genus
rationale of justice is an outlook transcending the line of justice-for-all principle
transitioning to justice of all.
Genus Formality in the Legislation Process
Legal formalization (Raharjo, 2010b) is nothing but to quench rationale desire
through partial codification that can give criminogenic effect intruding the written texts
and sparking injustice. Unspotted change that triggers disruption can no longer
develop the awareness of the people to see the new form of law that should serve as
rationale of
ethics
social control
social fact
morality
social
definition
morality
self control
rationale of
theology
rationale of
genus
justice for all
justice of all

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an instrument to put the disruption back to normal. Majorly, people are inundated in
their desire to call for freedom in all sectors of life blindly without knowing which
direction they should face. This nation keeps justifying its desire for power by
magnificently producing rules and regulations through legislation. Significant roles in
the state administration are only used to extend and widen access through which
interference in all affairs of the people can intrude despotically.
The political structure standing as a pillar of the administration of power in the
state is reduced significantly in the line of skeptic and provocative narrations. The
political process of law has been set as a standard procedure to determine the desire
of elites in all sectors to support their own interest. The aspiration process has
transformed into provoking legislation and a clash of interest of elites, bringing further
to legal oligarchy and power. The term quorum commonly heard in the legislative
session is not more than just a room for compromise among factions, and this term is
not taken as something to represent the will of the society within the scope of
aspiration. The tumult of narrative differences in the legislation process only performs
a show laden with anarchy to justify the thirst for power to attack each other.
Formalization (Unger, 1999) in the process of legislation actually has an
implication on the structure of doctrines. The formalization of law has brought about
shallow doctrines and thoughts of law with the absence of ideology. The formalization
of law will stimulate an apology with no clear philosophy and perspective of the law
of justice.
Virtuous knowledge (Bertens, 1999) should come from attitudes reflected in the
customs of the people carrying the knowledge. Thus, knowledge holds its function and
obligation to inspire people to improve their prosperity. The knowledge as the basis in
the process of legislation of a norm also demands to be discovered out of the whole
values of social life where the norms are made and applied. The primary knowledge in
Sunnah [22] constitutes comprehensible verses, the sunnah from the Prophet, and just
Faridhah (the knowledge of faraidh/Inheritance Law).
For Moslem, the hadith concerned should be able to show which knowledge
could contribute to the improvement of the quality of life both on earth and in the
afterlife. Historically, Islam first came to Indonesia, followed by other religions and
faiths held by the rest of the people in Indonesia far before and after this nation
formed. This historical aspect exists as an issue in terms of the righteousness of
religious teachings and faiths within the circle of Moslems. The understanding of Islam
is often mixed with cultural tendencies that existed far before Islam came to and was
recognized in Indonesia. Even people claimed the truth and purification of their beliefs
in their religion, especially Islam, Moslems experienced “kejumudan” in mastering the
knowledge that shed light on the problem.
The history of Islam in Indonesia is often closely linked to the phase when Islam
came to the archipelago. In classical books, Islam came to the archipelago in 1 Hijri (7

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BC), and traced from a particular written document during a Seminar on the presence
of Islam in Indonesia held in Medan, Islam came to Indonesia in early 7/8 BC (K.Lubis
& Simanjutak, n.d.).
In the context of the presence of Islam for the first time in the archipelago,
Syaifuddin Zuhri (Ali, 1991) asserted that when Ibnu Batutah set foot in Samudera
Pasai back in 1345 BC, he was in awe of the ability of Sultan Al-Malik al-Zahir
discussing issues in Islam and Fiqh. Ibnu Batutah also stated that Al-Malik al-Zahir was
more than just a king, but he also had his expertise in fuqaha (Islamic Law). From
Samudera Pasai, the words of Islam spread further all over the archipelago.
Historically, Islam came to the archipelago earlier than the Dutch in 1602, or this
era was commonly known as VOC (Vereenigde Oost Indische Compagnie). Within 350
years, the Dutch colonials took control over social, economic, political, and cultural
aspects, law, defence, security, religion, and beliefs all over the archipelago. In terms
of the legal systems, the Dutch almost left no room for the development of Islamic
Law whose followers grew incredibly vastly.
According to Soepomo (K.Lubis & Simanjutak, n.d.), a judicial body began to
exist in the era of Dutch East Indie, and for religion-related cases, there was also
Religious Court which was under the government of the Dutch Colonials, while other
courts were established with the initiation of Swapraja (autonomous region) and a
customary Head of local community. On 19 January 1882, according to Staatsblad 1882
Number 152, a Religious Court was officially established. Especially in South
Kalimantan according to Staatsblad 1937 Number 638 and Number 639, First Instance
of Court was established, while Great Qadhi was established for appeal. The existence
of Religious Court remained in existence during Japanese colonialism but its name was
changed to Scoorioo Hooin and the Religious High Court of Islam was changed to Kikoo
Kootoo.
Hamka (Hamka, 1981) confirmed that a messenger from Arab was sent to East
Java in 675 BC. This messenger continued his journey as a pilgrim to Kalingga and
came back after witnessing how great the influence of Hinduism was in Kalingga.
Upon this witnessing, preaching Islam to the states of Malaya did not necessarily
involve violence, but it only relied on the intention of Islam per se; "there is no
coercion in religion". Arabian colonials started to exist in 684 BC in West Sumatra.
And since the 9th century, the names of harbors in the states of Malaya were common
in everyone’s ears; some named the land Kalah, some others defined Genting Land as
Kra, some agreed to call land Kedah or Klang.
Some quotes of history regarding the early existence of Islam in the archipelago,
now called Indonesia, aim to indicate that Islam is as old as other religions existing in
the archipelago, and this fact can serve as a significant reference of the inception and
development of the tradition of Islamic values followed by the people in the
archipelago to this time where the nation is commonly known as Indonesia

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On 17 August 1945, the Republic of Indonesia was born, marked with the
proclamation of a text signed by Soekarno and Hatta, who later served as the first
President and Vice President of Indonesia. On 18 August 1945, the 1945 Indonesian
Constitution was into force, and its Preamble states "Independence is a genuine right
of all nations…. and by the Grace of God Almighty…. In other words, with the lofty
desire of the nation, independence was given under God's grant. This line also implies
that Indonesia is a religious nation. There was also a debate involving the Islamic group
suggesting that seven words were to be added to the first principle of Pancasila:
…dengan kewajiban menjalankan syariat islam bagi pemeluknya (with the followers’
responsibility to practice the sharia of Islam). Although these seven words were not
well accommodated back in the time, historically, since the beginning of the
independence, there seemed to be an attempt to integrate this Islamic law into the
official law of the state, and this tendency is still relatively apparent in the involvement
of Moslem in legislative, executive, and judicative bodies. Along with the development
of the law, a group of formality streams agreed that Islam was to be officially
considered as a formal law of the state entirely with its terminology and nomenclature,
while the other group expected Islam to be considered in the formal law of the state
but only in terms of its subject matters.
An aspiration of national law reform performed as optimally as possible has
adopted legal values that grow amidst the society, including Islamic values living in the
society whose members are majorly Moslems. However, it is a great challenge to bring
two different perspectives together among Moslems recalling that the important values
of Islam have become the formal law of the state. These two perspectives departed
from a view considering what is to be adopted as the values of the state’s formal law.
On one hand, some favored the tradition of Islamic values or fiqh to be considered.
On the other hand, some others agreed that this was the subject matters to be
considered. These two different perspectives, however, were present as the dynamic
in the national law reform sourced from Islamic values.
The formalization of religious values in the legislative process has become the
knot that is binding, the knot giving rise to the law with its genus nature of absolute
justice. Not only does this formulation consist of the values of the formality, but it also
has the fundamental vigor indicating that the written law that ensures a just legal
certainty is the law with its primary characters, a genus of justice. This law has its
capability to maintain plurality in intertwined universality.
The formality of the genus of justice in the legislative process is given in the
following:

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Figure 3 The Formality of the Genus of Justice in the Legislative Process
Too rational philosophy of legislation will just give a position to powerful elites
where they could freely use their authorities absolutely When this is the case, the
subject matter of the law produced will just represent the interest of elites while the
people’s interest will be greatly reduced due to obstacles to all aspects of their life
(despotism). Debating over private and public rights (Hegel, 2001) due to powerful
elites’ desire as if it would be the justification (Habermas, 2003) of the desire of the
people as a whole is certainly unnecessary. Regulatory irregularity is inevitable since the
legislative process is no longer linked to ensuring the rights of the people
constitutionally (disruption).
The history of regulation aims to elaborate the history of norms descriptively. The
shift of meaning of regulation has become an essential part of the minutes of the
legislative process of all time. The roadmap of the regulation that constitutes the
meaning of values of legislative subject matters has served as guidance to trace back
the time that has shifted through the interests and the needs of the generation.
Normativization (Schmidtz, 2006) becomes the justification to ensure the
constitutional rights of the citizens, and this justification not only intends to reinforce
national traditions, but it is also aimed to reach the objective of why a state was formed
according to the constitution.
The genus of legislation is an epistemology to ensure the fundamental vigor of the
meaning of the constitution of the identity of a state. The constitutionalization of the
morality of the state is guaranteed by purifying an ideology. The legislative principle is
not merely a process of rationalization of narration of the state grammatically, but it
also represents a systematic process to put the morality of the constitution back on
track within the scope of ideology in an unspoiled state. The genus of legislation is
Philosophy of Legislation
legislative history
constitutionalization of the
morality of the constitutions
•despotism in
regulations
•regulatory
disruption
•normativization of
value
•description of value
•idiological
purification

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axiology aiming to restore the objectives of law as the fundamentals of the system of
development of the state of the law in their orbit.
The Pivotal Core of the Genus of Justice in Legislative Relationships
The genus of justice serves as a fundamental that leads legislation as expected by
people to gaining the legislation. Figuring out how the genus of justice is related to the
process of legislation could involve tracing back the thinking concept in vertical and
horizontal away. Vertically, it starts from the basic norm as a concept of law (grundnorm)
to find out the principle of the meaning of justice as a major intention of a nation to
place its initial position as its basis of ideology.
Furthermore, the constitution serves as the reference of the main objective of
state administration as the basic structure. Horizontally, the concept of law and the
objectives of law as in the formulation of the basic norms and the constitution intended
to ensure the objectives are then positioned as a frame of the values of law and justice
living and developing in society as the cultural basis.
The main vision brought by the Prophet Muhammad to this world is aimed to fix
the civilization of the people. The Prophet’s main mission is to enforce justice with
the method of amar makruf nahi munkar. These main vision and mission are to give
prosperity to all people, while the balance of the universe is still maintained. Peace and
social order in terms of positioning Mother Nature as a "home" is the harbinger of the
inception of the function of the caliphate of human civilization on earth.
The vision, mission, and the objectives of the messages brought by the Prophet
Muhammad are in line with the objectives of Indonesia as stipulated in the Preamble
of the 1945 Indonesian Constitution: to develop the nation’s intellectual life, to
advance general prosperity, to protect the whole people of Indonesia and the entire
homeland of Indonesia, and to contribute to the implementation of a world order
based on freedom, lasting peace and social justice. All these objectives of the state
depart from the spirit of all the principles in Pancasila as the main distinguishing
features of Indonesia.
The connection between the prophetic ideology and the ideology of the state has
brought about the genus of legislation as an “aqidah” (creed) to embody the norm that
guarantees just law. Such a connection is known as state prophetic-minded
relationship, a relationship that positions the prophetic matter as a cultural basis
through its structural anchor.
CONCLUSION
Based on the discussion above, this research conclude that religious matters in the
legislation-related authorities have become an acceptable ornament among the piles of
the works of morality. The integrity that has become the genus of justice morality has
transformed into a collection of texts hanging all over the wall of the national

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parliament. Religions are used as tools of negotiation in the formulation and the
making of narrative texts before they are further transformed into legislation. Religions
and powers in legislation are competing to find their point of the genus of
normativization as expected by each faction. Law came into existence earlier than
expected, leaving behind its umbilical cord like a prematurely born soul, the cord
through which the values of justice are transferred from its mother, and these values
have the dimension of plurality. Law is born, but since it is separable from its genus, it
does not carry much of the meaning of birth.
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