The Position of Moral in the Legal System in Indonesia and its Practice in the Justice System in Indonesia.
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 08
Abstract
Legal interpretation plays a crucial role in legal studies and legal practice, many legal experts still do not agree on the presence of interpretation science in the position of legal discipline studies. Especially Indonesia which adheres to a positive legal system, so that the emergence of legal interpretation in society becomes a pro-contra discussion. This interpretation model is a serious challenge in judicial practice because it is related to serious problems related to analytical jurisprudence, how in judicial practice judges are played in making decisions not based on written legal provisions or positive law. Ronald Dworkin is a legal philosopher who is very involved in the issue of interpretation models, which makes Dworkin distance positivism by criticizing it as a standard rule. However, assessing the theory of the legal system presented by Dworkin actually in judicial practice has a value of benefit for those seeking justice and legal certainty, so that some judges in Indonesia also use interpretation in making decisions related to legal vacuum or legal uncertainty.
Authors and Affiliations
Sa’idatun Nafilah, Pujiyono
Keywords
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- EP ID EP742835
- DOI 10.47191/ijsshr/v7-i08-37
- Views 46
- Downloads 0
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