Menggagas Cita Moral Dalam Penafsiran Hukum Hakim

Abstract

In implementing his duty, a judge shall not only be considered as the mouth of acts (la bouche de la loi). The duty of judge is also to interpret law facts in concreto with abstract regulations. It has to be noted that jurisprudence is a hermeneutic exemplar in optima forma which is internalized in law of society. Accordingly, judge may not only interpret the juridical text, but also interpret the fact that results legal problems in order to solve the legal problems. The interpretation of the judge which contains the idea of moral is a concept of law as interpretation/processes of interpreting and also a concept of law as a value based on a statement of ’law as what ought to be in moral or ideal precepts’. This article argues that building the judge’s legal interpretation means developing judge jurisprudence using the dynamic approach in legal hermeneutics. Such approach accomodates the ideal of law in judge’s interpretation that includes open-mindedness and humanistic in moral perspective.

Constitutional Court Judges’ Interpretation Regarding the Limitation on the Presidential and Vice-Presidential Term of Office

“…Before deciding, judges analyze the legal facts of legal cases filed in court. The interpretation of the panel of judges committed a normative violation in the form of a rule in Article 7 of the 1945 Constitution concerning the term of office of the president and vice president by disclosing the meaning of the sentence abstract/in abstracto in legal regulations, i.e., the president and vice president nominate themselves for five years and can be reelected only for one term of office (Indah, 2019). In this regard, K.C.…”