Al-Mizan: Jurnal Hukum Islam dan Ekonomi Syariah
Vol 4 No 1 (2017): Al-Mizan

Upaya Penemuan Hukum Oleh Hakim di Peradilan

Afrizal (Institut Agama Islam (IAI) Al-Aziziyah Samalanga Bireuen Aceh)



Article Info

Publish Date
30 Jun 2017

Abstract

Law No. 48 of 2009 Article 10 paragraph (1) of the Judicial Authority determines "that the Court prohibited from refusing to examine, decide upon a case filed with the argument of law does not exist or is less clear, but is obliged to examine and hear." Judge as the main organ Court and as executor of judicial power obligatory for the judge to find the law in a case although legal provisions do not exist or are less obvious. This is the problem in writing what method was used directly in an effort judge huk discovery um Character descriptive analysis. The method of analysis used in the study is a qualitative method. In conducting the legal discovery judge there are several methods of methods of interpretation and legal construction methods / arguments. There is also a newly developed method that may be used as alternative to the discovery of a new law that legal hermeneutics.

Copyrights © 2017






Journal Info

Abbrev

jiam

Publisher

Subject

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

Description

The Al-Mizan Journal focuses on the study of Journal of Islamic Law and Sharia Economics. The study of Journal of Islamic Law and Sharia Economics which focuses on universal and Islamic values by upholding diversity and humanity. Al-Mizan Journal studies are published based on research results both ...