Legal Uncertainty of Islamic Personality Principle by Supreme Court Circular Letter Number 8 Year 2010

DOI

10.2991/icas-17.2017.44How to use a DOI?

Keywords

clash of rules, competence, policy regulations

Abstract

The increasing competence of religious courts in Indonesia still creates a polemic for its competence of other judiciary institutions. It happens due to the clash of rules and the issuance of Supreme Court circular letter. This paper discusses the solution to the clash of rules and shows the existence of Supreme Court circular letter in the legislation system of Indonesia. This issue will be resolved by statutory approach and conceptual approach. Based on the analysis, the clash of rules can be solved by using lex specialis derogat legit generali principle as lex specialis is religious judicial law and lex generalis is judicial power law. Circular letter is not a form of law; thus, it should not provide conflict.

Copyright

© 2017, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Rahadi Wasi Bintoro
AU  - Tedi Sudrajat
PY  - 2017/11
DA  - 2017/11
TI  - Legal Uncertainty of Islamic Personality Principle by Supreme Court Circular Letter Number 8 Year 2010
BT  - Proceedings of the International Conference on Administrative Science (ICAS 2017)
PB  - Atlantis Press
SP  - 185
EP  - 189
SN  - 2352-5428
UR  - https://doi.org/10.2991/icas-17.2017.44
DO  - 10.2991/icas-17.2017.44
ID  - Bintoro2017/11
ER  -