Yasin, Ikhsan Fatah (2016) Analisis terhadap larangan analogi dalam Rancangan Undang-Undang Kitab Undang-Undang Hukum Pidana. al-Jinayah: Jurnal Hukum Pidana Islam, 2 (2). pp. 408-419. ISSN 2503-1058
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Abstract
This article discusses the analysis of the prohibition of analogy in the Draft Bill. The majority of the experts of jurisprudence against analogy. The author does not agree with the ban on using the analogy in the Draft Bill, but justifies the analogy with the record, the judge must be competent and with integrity. If the judge is unable to make analogy, then he could use self-interpretation to find a legal decition. The argument of usage of analogy is to seek substantial justice for the people without setting aside the individual’s rights, because by using the analogy, the rule of law will remain unfulfilled. It is because the crime, in its various forms, is still contrary to morality even though it is not written, and even if the crime has an impact to the public. In Islamic law, the method of qiyâs compiled by Imam Shafi’i in may be used as a good analogy, because qiyâs method has been tested by producing many laws.
Item Type: | Article |
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Additional Information: | http://jurnalfsh.uinsby.ac.id/index.php/HPI/article/view/421 |
Creators: | Creators Email NIDN Yasin, Ikhsan Fatah ikhsan.fatahyasin@gmail.com 2017058901 |
Uncontrolled Keywords: | Analogy; draft bill; the criminal code |
Subjects: | 18 LAW AND LEGAL STUDIES > 1801 Law > 180110 Criminal Law and Procedure (incl. Islamic Criminal Law, Jinayat) |
Divisions: | Fakultas Syariah dan Hukum > Hukum Pidana Islam |
Depositing User: | S.Pd.I Abdun Nashir |
Date Deposited: | 14 Jul 2022 08:20 |
Last Modified: | 14 Jul 2022 08:20 |
URI: | http://repository.uinsa.ac.id/id/eprint/2640 |