AbstractThis study brings to light a legal treatise from the mid-1580s on diplomatic and royal immunities and the authority of magistrates. Comparison of extant manuscript copies elucidates the work’s authorship by John Hammond, its commission by Sir Philip Sidney, its legal argument, and its textual transmission to those who orchestrated the treason trial of Mary, Queen of Scots, in 1586. Documentary evidence from 1584 to 1585 aligns Sidney with Elizabeth I’s Scottish policy, not directly with the campaign against Mary Stuart. When Sidney commissioned Hammond’s treatise, this study argues, he aimed primarily to prepare himself for anticipated service as a foreign magistrate.
The court essentially banned refused to examine, decide a case filed with no legal argument or less clear, but obliged to examine and judge ". Provisions of this chapter gives the sense that as major organs Court judge and as executor of judicial power is obligatory for the Judge to find the law in a case despite legal provisions do not exist or are less clear. Law No. 48 of 2009 Article 5 (1) explains that "Judges shall multiply, follow and understand the values of law and justice that lives within the community. the judges in the religious court in making decisions on matters that should be examined and judged using the technique of taking decisions which include Analytical Techniques, Technical equatable, and techniques syllogism. Keywords: Rechtsvinding, Justice, Law Events, Religious Courts.
PENEMUAN HUKUM OLEH HAKIM DALAM PRAKTEK HUKUM ACARA DI PERADILAN AGAMA