Faculty of Law Muhammadiyah University of Bengkulu Visit the Court
Image


Some faculty and students of the Faculty of Law, Muhammadiyah University of Bengkulu visit the Constitutional Court on Monday (18/11) afternoon. The delegation was received by the Constitutional Court Justice Muhammad Alim at the Conference Room.

On that occasion, Alim gives a short lecture to the participants of the group. Alim deliver material titled "Pancasila, State of Law, The Role of the Constitutional Court, and Some Principles of Justice in Indonesia."

In his presentation, Alim reveals various aspects of Indonesian law and its relationship with Islamic law. According to Alim, some legal principles that apply at this time, which include referring to the theory and development of western thought, is already there in the teachings and practice of Islamic law. Among other related legislation as hierarchy proposed by Hans Kelsen and the principle of legality.

Based on the verses of the Qur’an, said Alim, Muslim jurists have established basic rules of Islamic law, i.e. there is no law to act sensible person before no texts or provisions . Principal rules is then used by Alim can be equated with the principle of legality in force now. “Islamic law in the determination of the legality principle has already begun implementing the 7th century AD," he said. While the principle of legality itself known in Europe around the 18th century AD.

With regard to the concept of a hierarchy of legislation,Alim compares it with rules that basically states that ijtihad must not be contrary to Sunnah, nor sunnah must not conflict with the Qur’an. In other words, in this case the Qur’an is to be the test of the underlying law. “All the experts of Islamic law until now, sort out the sources of Islamic law from the Qur’an, Sunnah, and ijtihad in stages," he said.

After delivering the main points of his mind, Alim then serve several questions from attendees. Participants are asked a variety of things, including the authority of the Court and phenomena related laws currently in place in Constitutional Court in particular and Indonesia in general. (Dodi / mh)


Monday, November 18, 2013 | 19:23 WIB 156