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Askarial, SH.,MH
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INTERPRETASI ATAU PENAFSIRAN SEBAGAI METODE PENEMUAN HUKUM Askarial, SH.,MH
Menara Ilmu Vol 12, No 2 (2018): Vol. XII No. 2 Januari 2018
Publisher : LPPM Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/mi.v12i2.506

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 decisionmakingthat directly poses legal consequences for an individual situation. In a sense, thediscovery 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 amethod of legal discovery. The scope is limited to several interpretation methods commonlyused by judges (courts). Therefore, this study aims to know and analyze interpretation as amethod of legal discovery commonly used by judges (courts). The type of this research isnormative law research. The nature of this research is descriptiveSome of the interpretation methods commonly used by judges as part of the method oflegal discovery are: 1) grammatical interpretation or interpretation by language; 2)teleological or sociological interpretation; 3) systematic or logical interpretation; 4) historicalinterpretation; 5) comparative interpretation; and 6) futuristic interpretation. The method ofinterpretation to be chosen and used by the judge in the face of his legal cases, ultimately turnsto 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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