TY - JOUR
T1 - Urgency of Falsum in Indonesian Criminal Justice System as Basis for Revision; An Islamic Perspective
AU - Amiati, Mia
AU - Rachman, Taufik
AU - Abidin, R. B.Muhammad Zainal
N1 - Publisher Copyright:
Copyright © 2024 by Al-Ihkam, Jurnal Hukum dan Pranata Sosial.
PY - 2024
Y1 - 2024
N2 - In Indonesian Islamic law, "falsum" has no direct equivalent. However, this idea matters in legal debates of beliefs, utterances, and behaviors. Falsum corrects final decisions in Germany and the Dutch during Revision. Indonesian prosecutors might request Revision, but the Constitutional Court limited this power to convicts and their descendants, extending unfairness. Revision should remedy bribery, document forgery, conflict of interest, and perjury by using the idea of falsum. However, falsum implementation in Indonesia raises problems about its compatibility with Islamic values. The study investigates how addressing falsum, in accordance with the principles of justice and utility, can lead to fairer legal reforms and bolster public confidence in the judiciary, especially within Indonesia's predominantly Muslim community. It examines the possibilities and drawbacks of legalizing falsum in Indonesia using normative, theoretical, and comparative approaches. It contends that the notion of falsum can provide a persuasive rationale for legal reforms in Indonesia's criminal court system. It also enables law enforcement officials and future drafters of the Criminal Procedure Code (KUHAP) to understand the evolution of Revision because granting prosecutors the authority to initiate Revision based on falsum is crucial for ensuring greater justice.
AB - In Indonesian Islamic law, "falsum" has no direct equivalent. However, this idea matters in legal debates of beliefs, utterances, and behaviors. Falsum corrects final decisions in Germany and the Dutch during Revision. Indonesian prosecutors might request Revision, but the Constitutional Court limited this power to convicts and their descendants, extending unfairness. Revision should remedy bribery, document forgery, conflict of interest, and perjury by using the idea of falsum. However, falsum implementation in Indonesia raises problems about its compatibility with Islamic values. The study investigates how addressing falsum, in accordance with the principles of justice and utility, can lead to fairer legal reforms and bolster public confidence in the judiciary, especially within Indonesia's predominantly Muslim community. It examines the possibilities and drawbacks of legalizing falsum in Indonesia using normative, theoretical, and comparative approaches. It contends that the notion of falsum can provide a persuasive rationale for legal reforms in Indonesia's criminal court system. It also enables law enforcement officials and future drafters of the Criminal Procedure Code (KUHAP) to understand the evolution of Revision because granting prosecutors the authority to initiate Revision based on falsum is crucial for ensuring greater justice.
KW - Falsum
KW - Indonesia
KW - Islamic law
KW - Legal Reform
KW - Revision
UR - http://www.scopus.com/inward/record.url?scp=85208477388&partnerID=8YFLogxK
U2 - 10.19105/al-lhkam.v19i2.13141
DO - 10.19105/al-lhkam.v19i2.13141
M3 - Article
AN - SCOPUS:85208477388
SN - 1907-591X
VL - 19
SP - 303
EP - 328
JO - Al-Ihkam: Jurnal Hukum dan Pranata Sosial
JF - Al-Ihkam: Jurnal Hukum dan Pranata Sosial
IS - 2
ER -