VICARIOUS LIABILITY DALAM SISTEM HUKUM NASIONAL DAN HUKUM PIDANA ISLAM

MAKHRUS MUNAJAT , - (2008) VICARIOUS LIABILITY DALAM SISTEM HUKUM NASIONAL DAN HUKUM PIDANA ISLAM. Jurnal Penelitian Agama, Vol. XVII No. 2 Mei-Agustus 2008.

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Abstract

Vicarious liability means responsibility's person of crime which can be substituted by another with some considerations. It is related to the purpose of criminal law and maqashid al-shari 'ah, because of the same illat (ratio legis), either as a retribution, general prevention, or special prevention, and any protection of law directly to the criminal victims. The implementation ofresponsibility is done in case of murder, either al-qatl sibh al-amd, al-qat al-khata', or in the crime which is threatened by fine or compensation. In that case, the responsibility cannot only charge to the doer, but also to the other family even the state. This principle is applied when the person did the crime, but it cannot be proved the purpose of crime. The principle o/vicarious liability isfoundedon the cooperative one and to realize the social justice, so that the purpose of law that is founded in this theory is social justice and not legal justice.

Item Type: Article
Uncontrolled Keywords: vicarious liability, diyat social justice
Subjects: Penelitian Agama Jurnal
Divisions: E-Journal
Depositing User / Editor: Edi Prasetya [edi_hoki]
Date Deposited: 10 Jul 2013 09:09
Last Modified: 17 Jan 2017 03:15
URI: https://digilib.uin-suka.ac.id:80/id/eprint/8771

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