Judicial Commission Role to Handle Contempt of Court in Indonesia from the Perspective of Islamic Legal Thought

Hammis Syafaq, Nur Lailatul Musyafaah and Sri Warjiyati
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Hammis Syafaq: Sunan Ampel State Islamic University Surabaya, Indonesia
Nur Lailatul Musyafaah: Sunan Ampel State Islamic University Surabaya, Indonesia
Sri Warjiyati: Sunan Ampel State Islamic University, Indonesia

European Journal of Law and Political Science, 2023, vol. 2, issue 3, 7-13

Abstract: Contempt of Court still occurs in many courts in Indonesia. Therefore, the government established the Judicial Commission of the Republic of Indonesia to maintain the dignity and dignity of the courts in Indonesia. This study discusses how the Judicial Commission of the Republic of Indonesia plays a role in handling the Contempt of Court in Indonesia from the perspective of Islamic Legal Thought. This research is literature with a qualitative approach. Data was collected through literature studies in the form of laws, books, and journals. The collected data is analyzed descriptively with a deductive model. This research shows that the Judicial Commission has been essential in preventing the Contempt of Court in Indonesia. The Judicial Commission of the Republic of Indonesia carries preventive and repressive actions. Preventive actions are carried out to avoid the Contempt of Court, while repressive actions are carried out to deal with the Contempt of Court in Indonesia. In Islamic legal thought, the role of the Judicial Commission is according to the role of Diwan al-Hisbah and the rule of Islamic Law "dar' al-mafasid muqaddam ala jalb al-mashalih" (rejecting harm is prioritized over bringing benefit) and "al-dharar yuzal" (damage must be eliminated). The role of the Judicial Commission in resolving Contempt of Court cases can make courts a safe place to enforce the law in Indonesia.

Keywords: Contempt of Court; Diwan al-Hisbah; Islamic Legal Thought; Judge; Judicial Commission (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:epw:politi:v:2:y:2023:i:3:id:8090

DOI: 10.24018/ejpolitics.2023.2.3.90

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