PERBANDINGAN TUJUAN HUKUM INDONESIA, JEPANG DAN ISLAM

Abstract

Comparison of the objectives of Indonesian, Japanese, and Islamic law lies in law enforcement. Indonesia with a civil law system, in grand theory has adopted Western law with the aim of the law of justice, certainty and usefulness of the law, in law enforcement more emphasis on written law (formal) as a reference. Even with Japan which also adopted the civil law system, but the purpose of law in the country of Japan is for peace (peace), which in certain cases overrides formal law (written) in order to provide a sense of peace for the disputing parties. Not much different from Japan, the enforcement of Islamic law in certain matters excludes written law in order to realize the usefulness of the law as the main goal of Islamic law. Only the difference lies in the legal system adopted, namely Muslim Law which is followed by Middle Eastern countries which are predominantly Muslim, this research use kualitatif method.