Budaya Hukum: Melintas Batas Formalisme-Yuridis Sentralitas Kompilasi llukum Islam dan Kitab Kuning dalam Putusan Pengadilan Agama
| Main Author: | Noryamin Aini |
|---|---|
| Format: | Article |
| Bahasa: | ind |
| Terbitan: |
ERA HUKUM No.3/TH. 9/MEI 2002
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| Subjects: | |
| Online Access: |
http://repository.uinjkt.ac.id/dspace/handle/123456789/47152 |
Daftar Isi:
- The existence of legal rules is influenced by at least three elements of law: legal substance' legal structure, and legal culture. In many cases, legal culture plays very significant roles in delermining how the-living law takes shape. The enforcement of the Kompilasi Hukum Islam (tbe1ompilation of islamic Law) shows such a phenomenon. The substance of the ..Kompilasi" is presumed to be followed by judges of the Pengadilan Agama (Islamic Court) as it has been already stated as a positive legal substance. In fact, this research reveals that many judges in the -South Jakarta Islamic District Court did not refer to the "Kompilasi" *iren ifrey handled cases. They prefer to consult the "Kitab Kuning" (reference Islamic books written by prominent ulamas) rather than the "Kompilasi". This article is a summary of the research which focuses on the sociological reality in the cases of the implementation of the "Kompilasi" connected to the legal culture adopted by some judges'