What is Legal Certainty? A Theoretical Essay

Lanneau, Régis

doi:10.2139/ssrn.2361630

Cited by 3 publications

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“…Second, there is certainty about the transition from facts to law or in other words, procedural legal certainty. Third, there is the certainty that in forming a loop, linking the law with the facts and form of efficacy from legal certainty [10]. From the three dimensions above, it can be said that legal certainty occurs in conditions where the rule of law is in accordance with the reality of law enforcement itself.…”

Section: The Application Of the Principle Of Legal Certainty In The Imentioning

confidence: 99%

Hoax and The Principle of Legal Certainty in Indonesian Legal System

Al-Fatih¹,

Aditya²

2019

Proceedings of the Proceedings of the 1st International Conference on Business, Law and Pedagogy, ICBLP 2019, 13-15 February 20

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There is no doubt that legal certainty is one of the basic principles in a lawbased society. In fact, it can also be said that the principle of legal certainty is often considered synonymous with the rule of law itself. Thus, the principle of legal certainty has reached the character of universality. Problems arise when the principle of legal certainty is confronted in a concrete case. In the case of the spread of HOAX, for example, the principle of legal certainty is more widely used than the principle of legal justice. As a result, at present, many people are subjected to criminal penalties because law enforcers, especially court judges, prioritize legal certainty (as written in the law) rather than applying legal justice. In this case, this article will discuss critically the application of the principle of legal certainty in the Indonesian legal system. In particular, this article highlights the fact that in many cases the spread of deception, judges prioritize the approach of using the principle of legal certainty rather than seeking substantive legal justice from the case.

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Section: The Application Of the Principle Of Legal Certainty In The Imentioning

confidence: 99%

Hoax and The Principle of Legal Certainty in Indonesian Legal System

Al-Fatih¹,

Aditya²

2019

Proceedings of the Proceedings of the 1st International Conference on Business, Law and Pedagogy, ICBLP 2019, 13-15 February 20

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“…Whereas from a functional point of view, these two ideas are identical enough that can analyze them. Before the concept's emergence, the questions allow it to be reinterpreted from previous debates by placing them in this context [8].…”

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Does the Judiciary Support Legal Certainty? An Indonesian Perspective

Aditya¹

2023

Front. Law

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Many legal thinkers have tried to interpret what and how the principle of legal certainty enforced. In both civil and common law traditions, legal certainty is considered a value and the basis for the legality of public authorities' legislative and administrative actions. The meaning of these two views, both Civil law and Common law, is that legal certainty is the embodiment of the principle of legal legality or in other words, legal certainty related to law enforcement itself. Interestingly, legal certainty begins with the legal uncertainty created by the institutions that form it. The judge's role in interpreting, translating and finding the law is crucial so that there is no legal vacuum due to the malfunction of the rule of law. This paper will discuss how the Indonesian judiciary supports legal certainty. The research method used is juridical normative with conceptual, and case approaches. The results of this study indicate that the Indonesian judiciary supports legal certainty through legal interpretation and legal findings made by judges. This legal interpretation and legal findings' primary purpose is to fill the legal gap left by laws that are multiple interpretations and ambiguous.

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Investment Treaty Arbitration and the Rule of Law: Tensions and Solutions

Dionysiou¹

2021

CETA's Investment Chapter

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What is Legal Certainty? A Theoretical Essay

Cited by 3 publications

References 0 publications

Hoax and The Principle of Legal Certainty in Indonesian Legal System

Hoax and The Principle of Legal Certainty in Indonesian Legal System

Does the Judiciary Support Legal Certainty? An Indonesian Perspective

Investment Treaty Arbitration and the Rule of Law: Tensions and Solutions

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