Prophetical Law Paradigm: A Synthesis Of Thoughts Of Legal Philosophy Development

Finding: The development of legal philosophy as an art of thought between empiricism, reality, rationality, and irrationality. Integration must be in presence to find the legal synthesis which is perceived capable of providing answers to the missing synthesis concerning the law. The basis of integration is conducted by retrieving the history and the thought schools development of natural philosophy, positivistic, non-systematic law and prophetic law. The synthesis of the thought schools of philosophical law is not only a reality built from the law itself but also the existence of extracurricular nullifications that can be synergized into near-perfect law.


INTRODUCTION
The issue of law enforcement is a very important matter to create order, peace, and security in the life of a society. The law basically functions to protect human interests, thus, the law must be upheld to create an orderly and peaceful society. Regarding the law enforcement efforts in Indonesia, as a country practicing Pancasila, it is used as a life guideline of the nation and state amid complex legal developments. Existing law is an accumulation of reconstructions from a long history of law. Whether the content, reality and philosophy, the history of law provide views and references of change and construction with reality.
The reality dimension of these legal thoughts began in the fourth and sixth centuries, To Grotius and Kant, this school believes that to achieve the cosmos's desires, it must be maintained in accordance with the function of the predetermined natural circle, so based on the substance of the teachings, it will introduce human submission to natural and religious phenomena in their absolute frame and not allow any space to appreciate reasoning in Journal of Transcendental Law Vol. 1, No. 2, 2019, pp. 104-123 http://journals.ums.ac.id/index.php/jtl/article/view/9154 106 interactions with cosmo. This law also proves that there are fundamental demands in human real-life as a form of intelligent beings. Humans must not follow their irrational instincts but consider reason and moral sense above all 2 .
In turn, humans are only enslaved by desires as in line with criticism stated by David Hume circa 18 th century, the reason is and ought to be the slave of passions 3 . This criticism by David Hume has indirectly been breakthrough to the foundations of natural law so the development of natural law has been replaced since 1600s-1800s with positivistic school, which is to enlighten thoughts of natural law that are dominated by the Divine teachings thus it can be enlightened to create a social life together 4 apart from politics, economics, and morals in an objective frame as a rule of positive norms, which are no longer conceptualized as abstract morals but ius which has been positively changed as lege or lex, to achieve true legal certainty.
In the framework of Jhon Austin's opinion, placing the highest law is in the cope of State or other words under the law of the State, or the phase of its development into law is an order from the highest political holder to the lower political holder, this is evident that the law must be rational in the State's norm frame.
Hans Kelsen is one of the figures who have contributed to the development and thoughts of legal positivism. Hans Kelsen's thought that is famous for stufenbau describing the concept of law that must be derived from non-juridical analysis, such as sociology, politics and history, and the exclusion of non-legal variables 5 . The purification of law from non-legal elements, (epistemologically) is the final and absolute basis for Kelsen. Many refer to Hans Kelsen as the founder of the theory and the science 6 of law into the independent discipline (autonomous discipline). The law is nothing but a rule of order that requires people to obey as they should.
In the perspective of positivism, no law other than the command of the authorities/laws that must be followed to create an order based on State law. This positivist stream receives a lot of criticism because positivism is unable to explain the phenomena of the development of the existing law, the biological analysis that is transformed into the social analysis is considered as the root of the decline of spiritual values or even human values. This occurs because humans are reduced to the physical-biological definition, Positivism, in fact, focuses on something that can be seen as the object of the study, in which it is dependent on the five senses, positioning reason in every aspect to facilitate the search for truth is not inevitably blessings, but reason in a positivism view unwittingly has brought people to the stream and hedonism and excessive desires that escape from religious nature so the legal meaning is free from the benefits, humans are only limited to tools that run mechanically without realizing the creator, there is a hollow that disappears from reality as a human so that positivistic polemic has become a dilemma when confronted with Macro reality, thus, dialectics are needed to overcome micro and macro realities.

RESEARCH PROBLEM
1. What are the dialectic philosophy of positivistic law and dialectic philosophy of post positivistic law? 2. What is the dialectic synthesis of prophetic thought?

RESEARCH METHODS
This research used a philosophical approach. The data were taken from secondary data using primary and secondary legal materials. The data were presented in an analytical descriptive manner and then analyzed in a normative juridical manner.

A. Dialectic of Positivistic Law
Reason is God's gift to think. By thinking, it will obtain a phenomenon about what is right and wrong, rational-irrational or matters that are basically determined to collide with each other. The results of these collisions will create the objectivity of true science according to the meaning of each individual. So as the case with legal thoughts, which in the development of law is still developing to find new recipes that are considered in accordance with the state of a society and nation. The schools of legal thoughts color the formation of the law itself, from the schools of natural law, positivism, and prophetic.
The school of natural law is considered the oldest school of the reality of human thought regarding the law. The history of "natural law" is the history of mankind in its quest to find "absolute justice" and the history of human failure in his efforts 7 .
Philosophy of natural law philosophy has two versions of Greek and Roman thoughts.
Greek thought was pioneered by the philosophers Plato, Aristotle and the Stoic, while the Roman thought was pioneered by the ideas of Cicero, Gaius, although their thoughts were also inspired by many Greek thinkers. The ideas of Greek and Roman natural law are basically similar, that is, to emphasize that laws are God's rules and humane conditions but cultural differences cause the development of natural law in the two nations to differ, in which the Greeks emphasize theoretical and philosophical law (ontology and epistemology) whereas the Romans are more likely at the practical aspects (epistemology and axiology) which originated in the cosmos, the good rule is the cosmos itself. The Greek and Roman thoughts had brought natural law to the nature of its believers and admirers so they perceive natural law into three thoughts; rationalism, irrationalism, empiricism.
The rationalism is fronted by Hugo De Grots, Imanuel Kant. Rationalism in their thinking about natural law is to prioritize rational thinking, and empiricism experience, natural law was born from the essence of humanity itself even though human essence was created by God, morals are the main element because with the absence of morality the law will lose its supremacy. Irrationalism was found by Thomas Aquinas who views universal law as essentially the extension of God's hand on earth that cannot be captured by humans through the senses, natural law as the participation of rational beings in eternal law 8 , whereas in empiricism thought, natural law is fronted by Jhon Locke see natural law born from the results of human manifestations that are actualized in their universal and eternal behavior.
The essence of natural law in the view of Curzon's 9 thought is as follows: 1. The unerring law is right; non an ordinance mad by this or that mortal, a corruptible and perishable law, but one imperishable and impressed by immortal Nature on the immortal mind. Philo of Alexandria (first century) 2. Natural law which is observed equally in all nations, being established by divine providence, remain forever settled and immutable; but that law which each state has established for itself is often changed: Justinian (sixth century) 3. The state of nature has a law of nature to govern it… in transgressing the law of nature the offender declares himself to live by another rule than that of reason and common equity: hobbes (seventeenth century) 4. Natural law is a divine law, written in the hearts of all men, obliging them to do those things which are necessary consonant to the rational nature of mankind and to refrain from those things which are repugnant to it: Thomasius (eighteenth century) 5. Natural law, resting on the postulate of the rectitude of nature, is necessarily absolute.
As an end in itself, it is to be vindicate for its own sake; Lorimer (nineteenth century) 6. Man is made for an end, and therefore there is a law which comes before him, a law which he must apply to himself in order to attain the and which is, demonstrably, none other than God. This law is a natural law: Miltner (twentieth century) 7. Because an act in harmony with the objective order is a morally good act, and because an act at discord with the same order is a morally bad act, it is natural law's information function to make clear to man the difference between good and evil or right an wrong: Hill (twentieth century) 8. There is, by the very virtue of human nature, an order or disposition which human reason can discover and according to which the human will must act in order to attune itself to the necessary ends of the human being. The unwritten law, or natural law, is nothing more than that: Maritain (twentieth century).
Broadly speaking, natural law is universally applicable laws, in the cosmology nature itself. There is an acknowledgment of an ideal universal legal system created by God and nature itself, given the difference in the same frame, which is universal nature. The most meritorious contribution of natural law thought is equality and fair treatment of human, it is not a law if it fails to be fair, limitless to time and place, and this is essentially universal. The natural law problem is still "current" and has not been "solved". Through the changing state of society and the political situation, the understanding of natural law has changed 10 .
In its development, natural law has been criticized by those who find natural law as incompatible with the current of society. For instance, the explanation of the concept of fairness in natural law, or existing law must be sourced from nature, while other elements do 110 not originate from nature that influences law, which is unacceptable in the frame of reasoning of legal reality. The contradiction between nature and law which is concluded in the sense of natural law thus earns a solution that is only seen from one angle: the definition of law is sacrificed to the definition of nature 11 . Eventually, the natural law is considered to run outside the legal realities. To explain this phenomenon, the flow of legal positivism emerges. Positivism with the basis of epistemology confirms about facts that objects used as research/study must be empirically observed through the five senses, factually confirms there is no reality beyond the seen world, positivistic school rejects natural laws that are too  112 line of thinking that emphasizes the role of the human ratio in the front lines, so that the human ratio is completely freed from God. Therefore, the human ratio is the solitary source of law. The essence of the law for Kant is that the law is the whole condition in which one's own will can be combined with the will of others under the general freedom law which includes all.
Kant required that all members of society continue to abide by the positive law of the state even though there are contradict elements to the basics of humanity. Positivism analyzes intellect and life according to the basics of "causality" followed by a revolution in the way of thinking 15 . This new way of thinking is "instinct" (instinct), no longer "reason". 16 Laws are command from the authorities. The nature of the Law, according to Austin, lies in the "command" element. The law is seen as a fixed, logical, and closed system. It enforces the law by threatening and directing the behavior of others towards their desire, the law is separated from justice and is not backed by good or bad understanding but based on the power of a superior. Austin's positivism does not recognize the relationship between law and "what is good" or "what is bad", the law of God only has a function as a "container". 18 Kelsen was included as a Neo-kantianism because he used Kant's thought about the separation of form and content. On Kelsen's view, law deals with form ant not material. So, justice as the content of the law is outside the law. A law can be unfair but it is still a law because it is issued by the authorities. Kelsen wanted to cleanse law from non-legal, historical, sociological and political factors, Kelsen viewed law as is, which is rule created and legalized by the state, 19 while Grundnorm has a function as the basic reason that the law is obeyed and is responsible for the implementation of law, thus, the grundnorm between the existing law   It is obvious that the positivism thinking path is realism which can be proven rationally. Thus, the provisions of the law must be separated from the elements outside the law, such as politics, economics, and sociology.  The axiological aspect of non-systematic law emphasizes the gradation relation in Pancasila which was reconstructed by Anthon, to the ground that basically non-systematic law is a study to develop Indonesian law that cannot be separated from Pancasila. Legal norms will continue to move chaotically in accordance with the interpretation process of that occurs, this is a process of reading norms that allows the presence of other realities. 34 However, in the development of non-systematic law thinking, there is still a reality that cannot be explained, although with the concept of consilience approach, however, natural phenomenon of non-systematic reality at a certain level meets with deficiencies, this is conveyed by the thinkers themselves, thus raising criticism of the non-systematic law as a concept in the complete development of the philosophy of law. The criticism is proposed based on paradigm ontology, epistemology, and axiology that emphasizes prophetic studies.
These criticisms are:  Divine beauty in poetry can provide enormous benefits to solve the problems of modern humans 39 and to realize lives that are connected to religious teachings, the integration of religion with science. The metaphorical and mystical teachings of Islam are the most capable of providing urgent answers in this circumstance. This flow is offered by Kuntowijoyo with his prophetic sciences. The behavior to understand the flow of prophetic thinking is to understand the Divine reality in the Quran as the reality of the Quran to understand it as a flow chart of thinking. Prophetic construction was built on the foundation of the Quran, so we can find not only factual but also the dimensions of the factual reality of the Qur'an. 40 As a science, Prophetic Paradigm was developed by Universitas Muhammadiyah Surakarta with the philosophies of humanization, literacy, and transcendence. 41 As a manifestation of the prophetic law implementation in the future, it produces thoughts that are based on Divine relations based on the Quran and Sunnah. The development of this relationship is neither simple nor unilateral, but dual and bilateral, in the sense of reciprocal relations. 42 Poetic relations provide answers to the relationship between text and context. The Quran is not only a revelation but also dimensioned as factual science. Based on the demonstration of the concept above, it is obvious that the prophetic concept is sourced from rational factual of Divine. From the dimension of our view is originally the basis of the revelation outlined in the Qur'an and Sunnah. The Qur'an emphasizes that the most dominant principle is the relation of the text and the context with the goal meaning of being maslahat/benefit. To determine the benefits or not, the benchmark does not lie on human taste or lust, but the word syara'. 45 Thus, the picture of the prophetic law can be seen in figure 6. The Supreme Reality, the God, is the One and the Zhahir (reality).
Religious humans perceive God as inner. Others who completely forget their spiritual realm only view at Zhahir. Due to the unknowingly conscious of the Center, one does not realize that Zhahir is a manifestation of the Center or God. Therefore, the fragments of knowledge one acquires cannot cover the whole edge of the circle, moreover the center of existence. 46

CONCLUSION
The existing legal paradigm is a scientific reality within a philosophical framework, its existence as a basic framework of thinking regarding the law. The phenomena of various legal paradigms that develop simultaneously complement each other as a synthesis of the development of legal science and as an answer to various problems of legal philosophy.
Positivistic, Non-systematic and Prophetic paradigms are the path to near-perfect truth. The Prophetic paradigm developed in the framework of micro and macro realities are considered capable of providing answers to the reality of various criticisms that have existed so far, although this paradigm has only become an embryo, but the paradigm developed by UMS thinkers, such as Khudzaifah Dimyanti and Absori, is not only limited to embryos. However, it can be a new answer, prophetic paradigm marries micro, macro and transcendent realities based on God's verses on the Qur'an and Sunnah which are divided into 3 categories of Theology, Humanity and Natural Sciences.