Criticize The Use of Analogy Prohibition in Criminal Law  

Oleh:

Mursyid, Ali Masyhar

Jenis: Article from Journal - ilmiah nasional - terakreditasi DIKTI
Dalam koleksi: Mimbar Hukum vol. 27 no. 1 (Feb. 2015), page 155-165.
Topik: analogy; criminal law
Fulltext: 520-861_her.pdf (370.13KB)

Isi artikel

The analogy becomes an absolute thing that is not permitted under the Indonesia criminal law. However, in the moving and changing society, written criminal laws are not always able to accommodate all the crime that happened. The prohibition of analogy it is not in line with Islamic law, “qiyas”, which no other is the analogy. Analogy should be accepted as part of a form of interpretation that has been known in the criminal law. Ban the use of analogy also confirmed in the draft Criminal Code. However, reading the ban of analogy must be done carefully.

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