Al Mashaadir : Jurnal Ilmu Syariah
Vol 3, No 1 (2022)

Application of The Concept of Justice in the Perspective of Pancasila State Law

Umar Mahdi (Faculty of Law, Jabal Ghafur University)



Article Info

Publish Date
30 Jun 2022

Abstract

This research is an empirical normative juridical research using a statute approach. This research is carried out by examining all laws related to the legal issue being studied. This research focuses on research that views law as a complete system that includes a set of legal principles, legal norms, and legal rules (written or unwritten). From the research, it was found that the application of the concept of justice in criminal law enforcement has not been implemented perfectly due to differences in the interpretation of the rule of law in its implementation and is influenced by the legal system adopted in Indonesia. Indonesia adheres to the Continental European legal system which does not recognize precedent decisions. Meanwhile, the embodiment of law enforcement when viewed from the perspective of the state of Pancasila law has not been fully implemented in the implementation in the field. This is a matter of debate among jurists. The law does not only refer to the principle of legality but also to the benefits of a sense of justice in the order of people's lives.

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Journal Info

Abbrev

almashaadir

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

l Mashaadir : Jurnal Ilmu Syariah disajikan sebagai upaya untuk mempromosikan hasil-hasil kajian dan penelitian dalam bidang ilmu syariah. Jurnal ini merupakan jurnal yang memuat naskah di bidang Hukum Ekonomi Syariah dan Hukum Keluarga Islam ke dunia pengetahuan. Ruang lingkup dari Al Mashaadir ...