Principle of Law and Justice Certainty on the Position of Woman

Erliyani, Rahmida Principle of Law and Justice Certainty on the Position of Woman. Universitas Lambung Mangkurat.

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Abstract

Based on Article 54 OF law Number 7 Year 1989 on Religion Court that procedural law in the religion court it applies the civil procedural law based on HIR/RBg and procedural law on based Law of Islam,so that in the law of proof that involve the evidence of witness there is a philosophical problem that is the civil procedural law based on HIR/RBg that does not differentiate between woman witness and man witness,on the other handaccording to law of Islam,man witness has two values of woman witness.This matter philosophically causes problem of justice and law certainy.Therefore,in future policy of national procedural law there is only one procedural law of relagion court and it is based on law of Islam as the Formal and Material Law in religion court That matter is considered as the implementation of islamic personality principle. Based on the analysis and law certainty theory,related to the poosition of woman witness in the law of proof in the procedural law of religion court,it shows the uncertainty of precedural law.by using the justice theory in Islam verison under study based on justice conception in islam,so the position of woman in the proof has fulfilled the justice value

Item Type: Article
Subjects: K Law > K Law (General)
Depositing User: Mr Arief Mirathan
Date Deposited: 05 Feb 2018 04:02
Last Modified: 05 Feb 2018 04:02
URI: http://eprints.ulm.ac.id/id/eprint/2852

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