Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol 22, No 3 (2023): Pena Justisia

Istinbath Method in Strengthening Ultra Qui Judicial Principles in Judicial Decisions

Suwitno Yutye Imran (Universitas Negeri Gorontalo)
Apripari Apripari (Universitas Negeri Gorontalo)
Ade Sathya Sanathana Ishwara (Universitas Negeri Gorontalo)
Erifendi Churniawan (Politeknik Perkeretaapian Indonesia)
Aristama Mega Jaya (Abihasan mu’an office)
Nurikah Nurikah (Unknown)



Article Info

Publish Date
13 Jan 2024

Abstract

the method of Istinbath is necessary to support the principle of Ultra Qui Judicat, enabling judges to possess moral characteristics in considering not only knowledge and reason but also Islamic law when making legal decisions. Overall, the significance of the Istinbath method in supporting the principle of Ultra Qui Judicat is paramount, especially in addressing contemporary and empirical issues not governed by legislative regulations. The aim of this research are : explain the concept of Istinbath and Ultra Qui Judicat influence the judge's decisions and the application of the Istinbath method used to reinforce the principle of Ultra Qui Judicat to judicial decisions. The result shows that The method of Istinbath is closely related to the principle of Ultra Qui Judicat since both share the same objective of achieving justice. In practice, judges can use the method of Istinbath to interpret the law and apply the principle of Ultra Qui Judicat in criminal cases. The principle of Ultra Qui Judicat and the method of Istinbath are essential instruments for judges in the criminal justice system to achieve justice in decision-making

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...