Implementasi Ius Contra Legem oleh Hakim terhadap Tindak Pidana Pencabulan Anak yang Berdasarkan Nilai Keadilan

Judges are always faced with concrete events, conflicts or cases that must be resolved or resolved and for this reason the law needs to be found. Right against the law is a legal principle that allows judges to override norms in statutory regulations because the relevant statutory regulations are not in accordance with the values ​​of justice and social conditions of society on condition that they must be based on rational legal arguments. Example of a judge's decision that applies right against the law namely SAS who was sentenced to death for committing sexual abuse and rape against children. This research uses normative juridical research with secondary data support. The results of this research are that a judge, in examining, adjudicating and deciding a case before him, must first use written law, but if the written law according to the judge's belief does not produce justice and truth, then the judge can implement it. right against the law Judges in handling cases of sexual abuse and rape against children can apply the death penalty to the perpetrator right against the law namely overriding norms in statutory regulations because the relevant statutory regulations are not in accordance with the values ​​of justice and the social conditions of society.

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Publication Details

Journal
JURNAL HUKUM POLITIK DAN ILMU SOSIAL
Published
2025-02-13
DOI
https://doi.org/10.55606/jhpis.v4i1.4842
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Implementasi Ius Contra Legem oleh Hakim terhadap Tindak Pidana Pencabulan Anak yang Berdasarkan Nilai Keadilan

Abdul Malik Mufty, Nur Sri Maryam Dm
JURNAL HUKUM POLITIK DAN ILMU SOSIAL
Legal and Social Justice Studies
article

Implementasi Ius Contra Legem oleh Hakim terhadap Tindak Pidana Pencabulan Anak yang Berdasarkan Nilai Keadilan

Abdul Malik Mufty, Nur Sri Maryam Dm
article en

Abstract

Judges are always faced with concrete events, conflicts or cases that must be resolved or resolved and for this reason the law needs to be found. Right against the law is a legal principle that allows judges to override norms in statutory regulations because the relevant statutory regulations are not in accordance with the values ​​of justice and social conditions of society on condition that they must be based on rational legal arguments. Example of a judge's decision that applies right against the law namely SAS who was sentenced to death for committing sexual abuse and rape against children. This research uses normative juridical research with secondary data support. The results of this research are that a judge, in examining, adjudicating and deciding a case before him, must first use written law, but if the written law according to the judge's belief does not produce justice and truth, then the judge can implement it. right against the law Judges in handling cases of sexual abuse and rape against children can apply the death penalty to the perpetrator right against the law namely overriding norms in statutory regulations because the relevant statutory regulations are not in accordance with the values ​​of justice and the social conditions of society.

JURNAL HUKUM POLITIK DAN ILMU SOSIALVol. 4(1)
Cenderawasih University (ID)
Openalex Percentile: Top 89%
Legal and Social Justice Studies
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Implementasi Ius Contra Legem oleh Hakim terhadap Tindak Pidana Pencabulan Anak yang Berdasarkan Nilai Keadilan — Abdul Malik Mufty, Nur Sri Maryam Dm · JURNAL HUKUM POLITIK DAN ILMU SOSIAL (2025) | TGRS Research Map | TGRS