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Putusan Baiq Nuril ditinjau dari perspektif teori hukum keadilan bermartabat (studi putusan: no.265/pid.sus/2017/pn.mtr juncto putusan no. 574 k/pid.sus/2018)
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Institusion
Universitas Pelita Harapan
Author
Giovanni, Michael Ruben
Subject
K Law (General) 
Datestamp
2023-10-03 09:47:59 
Abstract :
This study aims to explore theories around the value of justice and fairness which has been one of the goals in many theories of law. The authors compare the values of justice from Keadilan Bermartabat theory of law with those of justice in the school of legal positivism and Gustav Radbruch?s theory of 3 legal values. Keadilan Bermartabat theory is a theory of law which excavated from legal values that have already existed within the Indonesian nation since long ago in the form of Pancasila. This theory seeks to put humans on their proper place before the law and believes that justice, expediency, and legal certainty are three objectives of law which constitute as a unity. Thus use it as analitycal basis to assess injustice in judge?s decision No.265/Pid.Sus/2017/pn.mtr juncto No. 574k/Pid.Sus/2018. On those verdict Baiq Nuril, who was a victim of verbal abuse, was unfairly charged with guilty for defamation of his superior. 
Institution Info

Universitas Pelita Harapan