Penemuan Hukum oleh Hakim Berdasarkan Paradigma Konstruktivisme

Helmi, Muhammad Ishar

doi:10.24815/kanun.v22i1.14792

Cited by 6 publications

(6 citation statements)

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“…This means that a judge must have the ability and activity to find the law (Rechtsvinding) [17]. What is meant by Rechtsvindingis the process of law formation by judges/other law enforcement officers in the application of general regulations to concrete legal events, and the results of legal findings are the basis for making decisions [18]. The judge's obligation to carry out rechtsvinding includes matters relating to the environment in Indonesia.…”

Section: Environmental Law Enforcement Issues In Indonesiamentioning

confidence: 99%

Legal Interpretation in Judicial Decision Making on Environmental Cases: Judges in the Domination of Civil Law System

Lumbanraja¹,

Yusriadi²,

Shidarta³

2023

Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

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The law enforcement environment must support the sustainability of environmental management, both through the judiciary and outside the court, whether civil, criminal, or administrative. The purpose of this study is to find out the problems of environmental law enforcement in Indonesia and how judges, in making decisions, use the interpretation of the law. In providing justice, judges are required to look for la bouche de la loi and actively explore the meaning behind these regulations to produce decisions that provide justice for the litigants. However, the tradition of the civil law system, which is still influenced by legalism, limits the space for judges to exercise discretion and is only based on the principle of legality. Using jus cogens in most environmental case decisions will be more effective if judges dare to use legal interpretation.

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Section: Environmental Law Enforcement Issues In Indonesiamentioning

confidence: 99%

Legal Interpretation in Judicial Decision Making on Environmental Cases: Judges in the Domination of Civil Law System

Lumbanraja¹,

Yusriadi²,

Shidarta³

2023

Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

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“…This is proven by grant permission the applicants to register their marriage at the South Jakarta Department Population and Civil Registration Agency and ordered the South Jakarta Department Population and Civil Registration Agency to register the Petitioners' interfaith marriages at the Marriage Registration Register used for this purpose and immediately issue the Marriage Certificate. Apart from positive law in Indonesia which still does not regulate interfaith marriages or mixed marriages based on differences in religion, this is a form of legal discovery made by judges because there is no positive law governing it, so this is a manifesto of one of the functions of justice, namely rechtsvinding or legal discovery because as we know, there is a principle in the judiciary that judges cannot reject cases on the grounds that there is no law because the nature and function of the judiciary is to provide legal certainty, in addition to other legal objectives, namely justice and legal benefits, and find the law if the positive law does not regulate clearly and firmly [32].…”

Section: Legalization Of Interfaith Marriage In Indonesia From Human ...mentioning

confidence: 99%

The Legalization of Interfaith Marriage in Indonesia (Between Universalism and Cultural Relativism)

Firdaus¹

2023

Law hum.

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In the context of positive law in Indonesia, interfaith marriage is not recognized, because according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a valid marriage is based on the laws of each religion and belief. However, this is not enough to accommodate the development of marriage law in Indonesia, such as in the case of Judgement Number 508/Pdt.P/2022/PN JKT.SEL whose gives permission to applicants who are bound by marriage but of different religions to register their marriage at South Jakarta Department Population and Civil Registration Agency. So based on this, this research aims to find out how the concept of universalism and cultural relativism is in the context of interfaith marriage and how is the legalization of interfaith marriage in Indonesia in the context of marriage as one of the non-derogable human rights. This research uses legal research methods. So that the results of this research found that, first, interfaith marriages in Indonesia still do not have clear and firm regulations, giving rise to legal uncertainty and legal vacuum, the principle of universalism is more relevant in the context of interfaith marriages in Indonesia than the cultural relativism concept. Second, the state can issue an Interfaith Marriage Book as a form of legalizing interfaith marriages in Indonesia and providing legal certainty.

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“…Based on the theory of legal discovery there are no laws and regulations that can cover all of human life, so there are no laws and regulations that are as complete as possible (Helmi, 2020). The determination of Islamic law is aimed at creating a benefit for mankind.…”

Section: Provisions For Settlement Of Sharia Economic Disputes In Ind...mentioning

confidence: 99%

Solution of Shariah Economic Disputes in the Provisions Set by the Supreme Court

Rifqi Azis Amrullah

2022

JESKaPe

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Increase users of sharia contracts is directly proportional to the increase in sharia economic disputes. The occurrence of disputes can be caused by one party breaking a contract or committing an unlawful act. In the event of a dispute, the party who feels aggrieved can submit a lawsuit to the court, but it turns out that during the examination of the case the judge found that the contract used was deemed not in sharia complience, while none of the parties filed a lawsuit for cancellation the contract. In this study, the authors used normative juridical research methods. by exploring the provisions of the supreme court which serve as guidelines for judges in examining cases of sharia economic disputes, while also using a conceptual approach by looking at Islamic law concepts regarding inappropriate contracts. with Islamic law. In this study the authors conclude that there are still many legal voids governing sharia economics, the existing provisions only regulate in general and universally, even contradicting each other. As a result of this legal vacuum, the supreme court made rules for examining sharia economic cases, where in several provisions found inconsistencies in the regulations made, or even contradicting each other, so it is necessary for judges to carry out ijtihad and decide on cases that are demanded by the parties in order to fulfill the principle of divinity. and so that the decision remains on the provisions stipulated by Islamic law

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Penemuan Hukum oleh Hakim Berdasarkan Paradigma Konstruktivisme

Cited by 6 publications

References 0 publications

Legal Interpretation in Judicial Decision Making on Environmental Cases: Judges in the Domination of Civil Law System

Legal Interpretation in Judicial Decision Making on Environmental Cases: Judges in the Domination of Civil Law System

The Legalization of Interfaith Marriage in Indonesia (Between Universalism and Cultural Relativism)

Solution of Shariah Economic Disputes in the Provisions Set by the Supreme Court

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