JURNAL MAHASISWA

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INTERPRETASI ATAU PENAFSIRAN SEBAGAI METODE PENEMUAN HUKUM



ABSTRACT : In the science of law and constitution, interpretation is a method of legal discovery (rechtsvinding). The discovery of the law is a process of concrete jurisdictional decision- making that directly poses legal consequences for an individual situation. In a sense, the discovery of the law is a reflection of the formation of the law. This research is based on the curiosity of researchers in the scope of interpretation as a method of legal discovery. The scope is limited to several interpretation methods commonly used by judges (courts). Therefore, this study aims to know and analyze interpretation as a method of legal discovery commonly used by judges (courts). The type of this research is normative law research. The nature of this research is descriptive Some of the interpretation methods commonly used by judges as part of the method of legal discovery are: 1) grammatical interpretation or interpretation by language; 2) teleological or sociological interpretation; 3) systematic or logical interpretation; 4) historical interpretation; 5) comparative interpretation; and 6) futuristic interpretation. The method of interpretation to be chosen and used by the judge in the face of his legal cases, ultimately turns to the judge. Judges in this context have the freedom to choose based on their legal beliefs.

Keywords: Interpretation, Invention of the Law, Verdict of Judge


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