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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-2 | Issue-07 | Sch Int J Law Crime Justice, 2019; 2(7): 235-242
Original Research Article
The Philosophical Values for the Judge Constitutional Court in Implementing the Principle of Shame (Principle of Al-Haya’) as a Review of Indonesian Impeachment
Nadir, Win Yuli Wardani
Published : July 30, 2019
DOI : 10.21276/sijlcj.2019.2.7.6
Abstract
The aim of this study was to find out the philosophical values for the judge constitutional court in implementing the principle of shame (principle al-haya’) as a review of Indonesian impeachment. This research uses the method of (nomative legal research), namely: a research that is done with the purpose to find the principles and philosophical basis (dogma or doctrine) of positive law, and the research of legal discovery in concreto that is appropriate to solve a case law such as the impeachment of the president in his profession using the pricple of al-haya’. This research approach used in this research is statute approach, conseptual, historical approach, comparative approach, and philoshopy approach. Data types and sources, namely primary sources or outhorities, secondary sources or authorites, and tertiary sources or authorites. The result of this research, formally juridical Implementation of the principle of al-haya’ as a review of the impeachment of the Indonesian President by a Constitutional Court judge (MK-RI) based on the provisions of Article 5 juncto Article 10 of act Law Number 48 of 2009 concerning philosophical power to fill in the incompleteness, obscurity and emptiness of legal norms in the 1945 Republic of Indonesia Constitution and establish a national legal system. Technically, by the judges of the Constitutional Court (MK-RI) can be approached through the legal reasoning of induction and deduction. The method of implementation on shame principle (principle of Al-haya’) by the judges of the Constitutional Court (MK-RI) was done by deductive advance, means that the principle of specialty is devoted again to the legal field is concerned, the new rules do basically the deduction of law is concerned. Then deducted again into the substantive rules, and rules deducted longer be the case. After that is done in the case of the implementation of the rules of concrete case by the judge.
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