PRINSIP PENGADILAN YANG ADIL BERDASARKAN YURISPRUDENSI ISLAM DAN HUKUM INTERNASIONAL

Abstract

A fair trial with respect for human dignity is the most important feature of the measure of Islamic justice and is a guarantee for individuals to enjoy the basic principles of human rights such as freedom and equality. The administration of justice is not only possible because of the existence of substantive laws, but also the executive and formal methods have a prominent and important role to be understood by the current international justice system. However, the weakness of human thought in formulating comprehensive and efficient laws hinders the realization of justice and the achievement of fair court practices. This study intends to identify the principles of fair trial administration from the perspective of Islamic jurisprudence and international law. With a normative juridical approach, this study concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest level, namely the preservation of human dignity.