Efektifitas Penerapan Kompilasi Hukum Islam Sebagai Sumber Hukum Studi Kasus di Pengadilan Agama Yogyakarta Tahun 2003

Main Author: Muttaqien, Dadan
Format: Article info eJournal
Bahasa: eng
Terbitan: Jurnal Fenomena , 2009
Online Access: http://journal.uii.ac.id/index.php/Fenomena/article/view/1112
Daftar Isi:
  • This research meant to know effective or not Compilation Punish Islam as source of law in justice of religion. Above all borned it. Law no 4 Year 2004 about Judicial Power which is on section 28 mentioned, that "judge is obliged to following, and values comprehending punish and sense of justice which live ini society". This research is executed in Justice of Religion Yogyakarta. To optimal in studying fundamental problems, hence this research is supported with study and have the character of descriptively. Result of this research indicate that 50% other have a nation to domicile KHI items can become reference either in conjugal right area and also heritage. Reason of what constituting judges in Justice Relogion Yogyakarta use KHI as source of law divided [at] three (3) opinion, that is first, 50% because KHI represent formulation punish Islam which have as according to Indonesian nation culture, 25% having a nation that KHI as used law which its exixtence have passed process very long, and KHI items taken away from various books which initially become reference materials [all] judge, 25 % [be] of opinion that KHI represent an codification, for the rule of law of so that prevent judge decision desperation. Third, perception judges in Justice of Religion Yogyakarta about KHI growth in course of legislation become of law, 50% expressing require to be made by law condition that there is repair in it. 50% other express very need without revising.keyword : law, Compilation.