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Aemili Rara Marcia Indriastuti
Mahasiswa Fakultas Hukum, Universitas Diponegoro, Indonesia

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Peran Penalaran Hukum Dalam Proses Penemuan Hukum (Rechtsvinding) Oleh Hakim Aemili Rara Marcia Indriastuti; Emy Handayani
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.w8yszy58

Abstract

Legal reasoning is a method of thinking using logic to seek truth or solve problems in the field of law. We are aware that the law will not always be able to keep up with the rapid pace of development. The emergence of technology has enabled various types of crimes to occur, resulting in legal vacuums. Judges, as law enforcers, need to master legal reasoning to overcome these legal vacuums through the discovery of law. There are various forms of legal reasoning, such as deductive and inductive reasoning. In addition to form, there are aspects to consider in legal reasoning, namely the ontological aspect that questions what law is, the epistemological aspect that focuses on the method of legal reasoning, and the axiological aspect that questions the purpose of legal reasoning. The discovery of law itself is divided into legal construction and legal interpretation. Ultimately, it can be concluded that legal reasoning plays a crucial role in the process of judges making legal discoveries. Legal reasoning serves as the basis, guide, guideline, and knowledge that enables judges to conduct legal discoveries genuinely based on the realization of the purpose of law itself.
Analisis Teori Hubungan Kausalitas dalam Hukum Pidana (Studi Putusan Pengadilan Negeri Atambua Nomor 140/Pid.B/2016/PN.ATB) Aemili Rara Marcia Indriastuti; Emy Handayani; Mas’ut
Wijayakusuma Law Review Vol. 7 No. 2 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.1t939130

Abstract

Causal relationships refer to cause-and-effect connections, where an event or phenomenon can serve as the cause or trigger for the occurrence of another event or phenomenon; this is one form of inductive reasoning. Inductive reasoning is used to draw a general conclusion from specific factual events. Regarding the application of causal relationship theories to the events in the Atambua District Court Decision Number 140/Pid.B/2016/PN.ATB, there are several differences in determining the causal factors of an outcome, namely the victim's death. Generally, the factor considered as the cause by causal relationship theories is the sixth factor. Exceptions include the conditio sine qua non theory, which regards all factors as causes, and the subjective adequacy theory, which also takes the second factor into account.
Co-Authors Emy Handayani Emy Handayani Mas’ut