文章基本信息

标题：Settlement of criminal matters through Malay customary institutions with the concept of restorative justice in Lipat Kain Kampar Kiri of Kampar regency
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作者：Elmayanti Elmayanti ; Evi Deliana ; Nurahim Rasudin 等
期刊名称：Jurnal Hukum Volkgeist
印刷版ISSN：2528-360X
电子版ISSN：2621-6159
出版年度：2020
卷号：4
期号：2
DOI：10.35326/volkgeist.v4i2.417
语种：English
出版社：Fakultas Hukum, Universitas Muhammadiyah Buton
摘要：Customary law is religiously functional law, so that customary law fulfills a social function or social justice. Thus, the community and its members carry out these normative orders without seeing them as coercion, but because they assume they are as such. The aim of the law is justice, expediency and legal certainty, and these three elements constitute an inseparable unity. Justice is the moral foundation of the law and, at the same time, the benchmark for a positive legal system. In other words, justice has always been the basis of the law. Without justice, a rule can not be called a law. The highest possible justice to be achieved in the mediation of sanctions is the agreement of the parties involved in the criminal case.