Supremasi Hukum: Jurnal Kajian Ilmu Hukum
Vol 1, No 1 (2012): Supremasi Hukum

Problematika Hakim dalam Menghadapi Antinomi

Ach. Tahir (State Islamic University Sunan Kalijaga)



Article Info

Publish Date
01 Jun 2012

Abstract

In deciding some cases, judges might get various antinomies. Antinomy is a contradiction between legal interests based on justice of each disputed party. The made decision must proportionally contain three principles: certainty, usefulness, and justice. If they obtain the contradiction between the principle of justice and legal certainty, they should prioritize the former. If they get the contradiction between an old statute and a new statute not abrogating the old one, they must enact the new one (lex posteriori derogat legi priori). If they find the contradiction between a superior statute and an inferior statute, they must use the superior one (lex superior derogat legi inferiori). If they get the contradiction between a statute and an court decision (Jurisprudence), they must use the latter (res judicata pro veritate habetur). If they get the contradiction between a statute and a custom law, they must prioritize the latter.

Copyrights © 2012






Journal Info

Abbrev

Supremasi

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The focus and scope of SUPREMASI HUKUM: Jurnal Kajian Ilmu Hukum are legal Science, including the study of Law issues in Indonesia and around the world, either research study or conceptual ideas. Generally we are interested in all law studies such as following topics Civil Law, Criminal Law, Civil ...