KONSEP NEGARA HUKUM PROFETIK

Abstract

Law, is just a tool for humans, not a goal. The law is like a virtual home for living together. On the one hand, it is created to protect, but on the other hand it carries the risk of limiting, just like the walls that become the walls of the house or the walls that divide the rooms in the house. The law is a personal aid. Humans are basically weak, or imperfect (and in this different from animals, who are born relatively "perfect". Law was also created to regulate the existing social order. Here law becomes a social tool. Because law is a social aid, then emphasizing the position of law as a state instrument is an effort so that law as an instrument has legitimate power. by using the law to bind them. Citizens' attachment to law is an attempt to rediscover the essence of an established state. That the state is established is to protect individual liberty, and to protect the freedom of that individual, the state makes laws as a "social aid" to create order. Therefore, the type of rule of law action must refer to the essential dimensions of society, that society as a social basis must be made a social subject on the one hand in the sense that they are potential actors to uphold social order but on the other hand, that society is also can become "objects," they will be ensnared by the sanctions made for that order. In the terminology of constitutional law to date, the concept of a good and responsive state is directed at the type of welfare state, especially the type of material law state that is increasingly moving away from the typology of the rule of law as a night guard (nachtwachter staat) or a formal legal state or formile rechtsstaat. The task of the state in this context is no longer the regulator of public traffic order. The state is not just the police, prosecutors and judges whose job is to punish and take action, but the state's duty is to create social welfare. In this research, the problem formulation is How the concept of a prophetic law state. In this study the authors used the library research method (Library Research). This method is carried out by examining library materials or secondary data, which consists of: Primary materials, namely materials that are binding and consist of books, journals, etc. related to the issues discussed and materials. secondary, namely materials that provide explanations for primary materials in the form of articles of research results, or opinions of other legal experts. The result of this research is the term prophetic, which was first introduced by Kuntowijoyo. He introduced what is known as the Social Science Profetic ISP. The word prophetic itself means prophetic. A prophetic law state can also be defined as an Islamic state which is related to the historical setting of the people of Medina at the time of the Prophet Muhammad SAW. One of the important elements that became a reference for prophetic law, or Islamic nomocracy, was the conception and building of a legal state in Medina, a state that was formed and governed by divine law governed by prophetic leadership. Even though it is not directly the word of Allah, the Medina Charter is a guideline based on the principles of social life which are governed by Islamic principles.