Christianto, Hwian (2012) Penemuan Hukum dalam Perkara Pidana Adat. Jurnal Hukum dan Pembangunan , 42 (2). pp. 272-285. ISSN 0215 9687
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Abstract
Indonesia is one of nations full of culture values. The diversity of this culture values is still breathing and keep growing in society. As a country adopts civil law system, an Indonesian judge must keep standing on each clear and codified od law's decisions. On the other hand, this system brings a benefit to the law certainty on the society rights from the government. While on the other side, there is a weakness in manifesting a justice for the society because there is not always if the rules are capable enough in reserving the developments, especially the norms admitted by society. This fact of course will bring a serious effect to the criminal law when there are so many custom cases with public aspect could not be judged and legality as the reason or there is no law's decision which regulate clearly. Over here the understanding of the founding by the judge in a "adat delict" plays an important role as an effort to manifest the supremacy of law and justice.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | hakim, penemuan hukum pidana adat, asas legalitas |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law |
| Depositing User: | HWIAN CHRISTIANTO |
| Date Deposited: | 02 Nov 2015 04:51 |
| Last Modified: | 12 Jun 2020 05:30 |
| URI: | http://repository.ubaya.ac.id/id/eprint/25857 |
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