Implementation of Transcendental-Based Juvenile Criminal Sanctions

Corresponding Author: Agatha Jumiati AgathaJumiati@unisri.ac.id ABSTRACT The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values.


INTRODUCTION
Indonesia as a country that adheres to the rule of law is naturally obliged to conduct the development in the field of law in order to lead to an orderly, peaceful, just and prosperous society. The context of legal development must of course be interpreted as an embodiment of a deep thought about how national law is formed, implemented/used to regulate people's lives, and then to be enforced.
Viewing from the aspect of the structure of the formation of law, it is very clear that the meaning of law will be perceived as a written form of law, namely statutory regulations. Law is legislation formed by an agency that has the authority, accompanied by sanctions to regulate the social life of the community. Law which has a juridical 3 meaning is the law determined by the government of a country, namely the constitution.
Law in the true sense (properly so called) is law that originates from the state and or is confirmed by the state. Other laws can still be called law, (improperly so called) but not in the true juridical sense.
Development in the field of law must be based on the foundation of the ideals contained in the view of life, awareness and noble moral ideals which include the psychological atmosphere and character of Indonesian nation found in Pancasila and the 1945 Indonesian Constitution. According to Satjipto Rahardjo, law as the embodiment of values implies that its presence is to protect and promote the values upheld by the people (2002: 60). Thus, the law is not a technical institution that is morally empty and morally sterile.
Law as a regulation of human actions made by legitimate power, not only in the form of decisions but also in its implementation in accordance with the ideology of the nation concerned, as an institutional protector of the nation, based on natural law (Ali, 2015: 74). It means that the recognition of human dignity as a person with the possibility for self-development (Setiardja, 1990: 154). Because Indonesia has chosen a state of law (welfare state) as a form of state, every action and consequence taken by the parties must be based on and resolved according to law (Lubis, et al., 1995: 352). Indirectly, all things will be based on Pancasila as the nation's ideology.  (Noer, 1980: 4). There is nothing in Pancasila that contradicts the teachings of Islam. In fact, by implementing the values of Pancasila in the life of the nation and state, it can be understood as a form of practicing Islamic teachings in the Indonesian context (Karim, 2004: 46-50).
According to Arief, the renewal of national law must be adapted to the characteristics of society and legal sources in Indonesia. The characteristics of Indonesian society are more monodualistic and pluralistic. Sources of national law are oriented to the legal values that live in society, namely from the values of customary law and religious law (Arief, 2003: 43-44).
In legal renewal, it is necessary and important to implement transcendental thought.
The failure of the positivistic legal school in unraveling legal problems in society encourages to seek and find the backing of legal thought that is able to answer challenges or needs. Postpositivistic legal thought presents the idea that law cannot be separated from morals, ethics and religious values so that the law is able to achieve the goal of realizing justice and welfare for mankind. The Juvenile Criminal Justice System Law clearly and firmly stipulates the roles that must, even in some roles have a "mandatory" gradation, be carried out by the correctional center. The role carried out by the correctional center moves from the investigation stage to the stage of mentoring after serving a crime.
However, the spirit contained in the The Juvenile Criminal Justice System Law is to prioritize efforts to restore justice (restorative justice) and prevent children from the judicial process (diversion). Therefore, Article 7 paragraph (1) states that at the level of investigation, prosecution, and examination of children's cases in district courts, it is obligatory to strive for diversion.
It should be understood that not all types of criminal acts can be diverted.
This diversion is carried out in the event that a criminal act is committed: The transcendental dimension can be seen in the most basic teachings, namely aqidah which teaches an understanding of the relationship between humans and nature and with their God. Humans and nature are essentially mortal creatures, while God is the ruler of the universe and its contents (robbul alamin) which is eternal (baqa). The greatest happiness of a moslem is when he is able to completely surrender to Allah's natural commands (laws), whether general or detailed, as a consequence of his acknowledgment that Allah is One, the ruler of all, and all creatures depend on Allah According to Ziauddin Sardar, the effort to rediscover Islamic science started from a rejection of the axioms about the universe, time, humanity and the goals of western science, and its methodology because western science has made a painful reduction of the objectification of nature and the painful torture of animals for an experiment with new scientific discoveries. Ziauddin Sardar wants an objective search for knowledge and is conducted as a form of worship whose position is the same as the daily form of worship as a moslem does in carrying out his obligations such as prayer, fasting, pilgrimage and other forms of worship.
From the perspective of transcendental jurisprudence, legal science is not only based on the truth at the level of haqq alyakin, which is compiled in the Qur'an and Hadith, but also based on the truth obtained with human potential abilities through contemplation, reasoning and discourse that develops in society. Journal of Transcendental Law Vol. 3, No. 1, 2021, pp. 50 -62 p-ISSN: 2714e-ISSN : 2714-965X http://journals.ums.ac.id/index.php/15218 58 Humans explore, process and formulate knowledge with the aim not only for knowledge but also for policy, benefit the wider community, with the pleasure and love of Allah (Absori, 2015: 40-45).
Transcendental jurisprudence is begun in the will of Allah to His creatures who were sent down through His prophets and messengers, the prophets and saints who are always istiqomah and hold fast to the divine line (sunnahtullah).
Sunnahtullah is the basis of the philosophy of natural law spelled out through His verses both written (the Book and the Sunnah) and those that are described in the universe and the reality of life.
Transcendental law is intended to guide human life to achieve happiness in the world and the hereafter. Transcendental law can only be understood with a holistic approach that sees humans and their lives in a complete form, not only material but also spiritual. Transcendental law can not be separated between the physical body (formal) and transcendental values. The only justification for transcendental law that is being pursued is for the sake of justice based on the truth of the power of Allah, the Almighty, the determinant of human life and life.
Transcendental law is oriented to the benefit of humans as a form of compassion for their creatures (Absori, 2015: 40-45).

Juvenile Criminal Sanctions.
In the Indonesian constitution, children have a strategic role which is explicitly stated that the state guarantees the rights of every child to survival, growth, and development as well as protection from violence and discrimination.
The best interests of children should be considered as the best interests for the survival of mankind. The consequences of the provisions of Article 28B of the 1945 Indonesian Constitution need to be followed up by making government policies aimed at protecting children.
According to Darwan Prinst, children protection is a joint activity aimed at securing, procuring and fulfilling the physical and spiritual welfare of children in accordance with their interests and human rights (Darwan Prinst, 1997: 4). Arief Gosita said that providing protection to children or juvenile is something that is natural and is our responsibility. Protection for children from juvenile is none other than the goal is to ensure the welfare of children and juvenile and the protection of the interests of the childrenr can be achieved. All this must be done by all members of the community and is a shared responsibility (Arief Gosita, 1985: 226).
Crimes involving children as perpetrators of criminal acts are certainly not a new thing. Today there are many criminal incidents such as theft, mugging or extortion by a child. The limitation on children delinquency is emphasized against child perpetrators who are acts that violate the norm, but if it is done by adults, it is called a crime, because it feels unethical that child perpetrators are called "criminals" children but children delinquency because considering the children who commits the crime still needs supervision or coaching action (Nasriana, 2011: 29). So that in imposing sanctions for children who commit criminal acts, sanctions should be imposed on the background of coaching for children in the future by considering the sides that have aspects of humanism.
The imposition of humanitarian sanctions for children is deemed necessary because the future of children is still long. Legal treatment for children deserves serious attention because after all these children are the future of a nation. Therefore, in making decisions, judges must be sure that the decisions taken will be a strong basis for returning and regulating children towards a better future to develop themselves as citizens of the community who are responsible for the life of the nation (Nasriana, 2011: 68).
The renewal of sanctions for children who commit criminal acts has developed because the renewal of criminal law is based on and inspired by a strong and confident will and grows in a society that is in accordance with the philosophy of Pancasila and the 1945 Indonesian Constitution so that law enforcement in Indonesia is more humanistic in the future so that criminal law is able to satisfy all parties. Transcendental law in the Indonesian context cannot be separated from the basic principles contained in the state ideology, namely Pancasila. The core of Pancasila which consists of five precepts, in the form of divinity, humanity, unity, democracy and justice. According to the founding father of the nation, Soekarno, the core of Pancasila if it is compacted is in the form of mutual cooperation. In the legal field, the manifestation of the Pancasila ideology is embodied in the ideals of Pancasila law which serves as the foundation and direction of the development and development of national law. The ideals of Pancasila law are interpreted as rules of community behavior that are begun in the ideas, feelings, intentions, creativity and thoughts of the people themselves. In this case there are three elements, namely justice, usability and legal certainty. It is necessary to think about an approach that emphasizes a transcendental humanist approach to relation, which emphasizes the importance of good relations and prevents evil and divine control between parties or institutions, namely the existence of commitment and responsibility to God.
In the dynamics of community life, Pancasila as a legal ideal will function as a general guiding principle, a norm of criticism and a motivating factor in law enforcement (formation, discovery and application of law) and legal behavior. In this case the legal system is an exemplar of ramification of legal ideals into various legal rules that are arranged in a system. Therefore, the development and development of law should be based on and refer to legal ideals. By the founding fathers of the nation, Pancasila was placed as the philosophical foundation in arranging the basic framework and structure of the state organization. Pancasila is interpreted as a view of the nation's life that reveals the relationship between humans and God, humans and each other and humans with the universe which has a core belief about the place of individual humans in society and the universe.