Jurnal Konstitusi
Vol 7, No 1 (2010)

Mahkamah Konstitusi dan Penafsiran Hukum yang Progresif

Mahrus Ali (Unknown)



Article Info

Publish Date
20 May 2016

Abstract

The main maxim of progressive law is law for human, not human for law. Since stressing to human existence to enforce the law, the progressive law rejects the status quo based on legal positivism, the existence of written legal text containing many weaknesses, and pays more attentions to the role of human behavior. In the context of constitutional court roles as the sole and the highest interpreter of the constitution, the interpretation of progressive law wants the institutional court not strictly rely on the written text, not to use legal positivism as a paradigm in interpreting the law, but focusing on rechtsidee, values, and way of life written on Pancasila to implement the substantive justice, not the existence of legal texts in constitution of  1945.

Copyrights © 2016






Journal Info

Abbrev

jk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...