Constitutional Judge Muhammad Alim while giving a brief lecture to lecturers and students of the Faculty of Law University of Subang who visited the Constitutional Court on Wednesday (22 / 6) morning.
Jakarta, MKOnline - Lecturers and students of the Faculty of Law University of Subang visit to the Constitutional Court on Wednesday (22 / 6) morning. The delegation was received by the Constitutional Court Justice Muhammad Alim at the Press Conference room Lt. 4 Building the Constitutional Court. On that occasion, Alim had delivered a short lecture with moderated by Subhan Drajat, one of the lecturers.
In a short lecture, Alim say a few words about the general principles of law in the Islamic perspective and the concept of justice in the law. Previously, he also briefly mentioned the Charter of the United Nations who have used Arabic as one of the official languages.
According to Alim, general principles of law applicable in Indonesia in particular, and in the world at large, heavily influenced or at least according to the principles of Islamic law, for example: the principle of legality. Even thought, consideration is fair and the divine foundation is a must in every court, especially the general court. It can be seen in the nomenclature of court decisions, namely For Justice Based Belief in God Almighty. If none of this nomenclature, "it will be null and void," he said.
The statement null and void with the void, further Alim, different legal consequences. If null and void, it has never been considered valid or there. Meanwhile, if canceled, so he does not apply only since declared void, and earlier still considered valid. Or in other words, applies to the front.
Neither justice related. According to Alim, between the law with justice are not exactly the same. "The law is generalizing," he said. Meanwhile, "justice must not generalize."
Alim pointed out, in criminal law for instance, there is a maximum penalty of five years for a thief, then the threat of this penalty will apply to anyone regardless of who did it. Whereas if you talk about justice, it is necessary to consider many things, one motive of why it was committed. "Each question was weighed individually," he said. "Is it the same punishment for those who steal out of necessity by greed?".
Alim argues, law enforcement officers must enforce the law fairly proportional. And justice in this concept, according to Alim, which is being championed and upheld in the Court today. "We are determined to enforce the substantive justice," he said. "That is, justice in proportion." (Dodi / mh)
Wednesday, June 22, 2011 | 15:58 WIB 279