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METODOLOGI PEMAHAMAN SYARI’AH (Analisis Muqaddimah Kitab al-Muwafaqat Karya Asy-Syatibi) Abidin, Mukhlis
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 8, No 2 (2017): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (449.781 KB) | DOI: 10.21043/yudisia.v8i2.3241

Abstract

Legality is one basic of penal law beside culpability in deciding the punishment. Legality is often perceived similar to law enforcement. According to Article 1 (1) of the Penal Law (KUHP), the law refers to written law. In fact, there is also living law mentioned in the Constitution. This kind of situation often causes the judge decision fails to meet social justice since the decision is merely based on formal law and neglected material law, such as in the case of Minah in Banyumas Court. Thus, progressive approach is necessitated in order to understand legality both in formal and material law in accordance with national legal ideals, Pancasila.