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Achmad Arief Budiman
IAIN Walisongo Semarang
Religion Law, Crime, Criminology & Criminal Justice

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PENEMUAN HUKUM DALAM PUTUSAN MAHKAMAH AGUNG DAN RELEVANSINYA BAGI PENGEMBANGAN HUKUM ISLAM INDONESIA Achmad Arief Budiman
Al-Ahkam Volume 24, Nomor 1, April 2014
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (397.288 KB) | DOI: 10.21580/ahkam.2014.24.1.129

Abstract

This qualitative research aimed to criticize the form of legal invention by the Supreme Court (MA) and its relevance to the development of Islamic law on Indonesia. This study also aims to find a model of the development of Islamic law through the dicovery made by the judge when adjudicating the case. The samples of this study were selected verdicts of MA based on the presence or absence of legal invention parameters in it. The result of this study is that the two verdits of MA, precisely describe the form of the legal invention by showing courage and creativity at the same time in deciding the case. The legal invention of MA has significant contribution to the development of Islamic law in Indonesia. Because of the standing points of MA as the top judiciary, it’s verdits would be as jurisprudence for the other judges, especially at the lower level court.
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