2024International Journal of Social Science and Human ResearchRequires access

The Position of Moral in the Legal System in Indonesia and its Practice in the Justice System in Indonesia.

Sa’idatun Nafilah, Pujiyono Pujiyono

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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.

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What this paper is about

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.

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Available 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.

Key concepts: Legal realism, Interpretation (philosophy), Legal formalism, Legal positivism, Empirical legal studies, Legal research, Jurisprudence, Law

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The Position of Moral in the Legal System in Indonesia and its Practice in the Justice System in Indonesia. — Research Paper | ScholarLens