Ulumuna
Vol 13 No 1 (2009): Juni

Asas Retroaktif pada Kasus Pelanggaran HAM (Perspektif Hukum Islam)

Ikhwan Ikhwan (IAIN Imam Bonjol Padang)



Article Info

Publish Date
30 Jun 2009

Abstract

The principle of retroactiveness in The Act, Number 26 in 2000 on Human Rights Jurisdiction provokes pros and cons. In one hand, severe violence against human rights is an extra ordinary crime that requires special treatment. On the other hand, retroactive legislation is against the principle of legality. In Islamic law, an act is considered a crime if it is proven by juridical evidences. An act is not considered a crime unless there is punishment for it. Therefore, every juridical decision adheres to the principle of legality that limits the extent of a law just for the future, not retroactive. According to most Muslim scholars, the principle of retroactiveness could be implemented if a new law is more just and humane without breaking the attainment of law ends. Implementation of the principle for severe violence against human rights is not allowed because it does not meet such requirement.

Copyrights © 2009






Journal Info

Abbrev

ujis

Publisher

Subject

Religion Arts Humanities Education Social Sciences

Description

Ulumuna (P-ISSN: 1411-3457; E-ISSN: 2355-7648), a journal of Islamic studies published twice a year (June and December) by State Islamic University (UIN) of Mataram since 1997, publishes original (library or field) research articles in the field of Islamic studies. It promotes multidisciplinary ...