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All Journal DIKTUM: JURNAL SYARIAH DAN HUKUM AL-MAIYYAH: Media Transformasi Gender dalam Paradigma Sosial Keagamaan
Andi Tenripadang
STAIN PAREPARE
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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HUBUNGAN HUKUM INTERNASIONAL DENGAN HUKUM NASIONAL Andi Tenripadang
DIKTUM: Jurnal Syariah dan Hukum Vol 14 No 1 (2016): Diktum: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (111.018 KB) | DOI: 10.35905/diktum.v14i1.224

Abstract

This paper examines the relationship between international law with national law. International law is a set of laws that mostly consists of principles and rules of behavior that bind states and therefore usually observed in the relations of countries to each other. In this study concluded that the primacy of the law regulating legal relations between states in international relations, recognized the two views, namely: (1) dualism, which is based on the theory that the connective power of international law rooted in the willingness of the country, international law and national law are two legal systems or devices are separated from each other (2) monism is founded on the idea of unity of the entire law governing human life. In the framework of this thinking, international law and national law are the two pieces instead of one larger entity that is the law that governs human life.
HUBUNGAN NILAI KEBENARAN BERDASARKAN FILSAFAT ILMU DENGAN TINDAK KEKERASAN SEKSUAL TERHADAP PEREMPUAN Andi Tenripadang
AL-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Vol 9 No 2 (2016): AL-MAIYYAH
Publisher : LPPM IAIN Parepare

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Abstract

This article unearths the sexual abuse to women. Using legal approuch, this study reveals that goal of law in criminal punishment is essenstially to protect the victim from crime, especially raping. The criminal punishment to the person who commits crime is the right of the victim who has susfered from psycal aspects. Althought the goal of the law is very ideal, the implementation of the law is stiil for from ideal, since the rights of the victim os rapinf are often abandoned. This is evident if we refer to the regulations in the Criminal Punishment Law that normatively negles the protection of the vistim’s basic rights. In addition, the goal of the law in judicial (normative) subtance has not been in harmony with the substance of Islamic Law and related with the correspondence theory of truth.
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