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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Hukum Magnum Opus Jurnal Simbur Cahaya KRTHA BHAYANGKARA Jurnal Hukum Sasana Jurnal Kajian Ilmiah Audito Comparative Law Journal (ACLJ) Yuridika Perspektif Hukum Journal of Law and Nation Abdi Bhara: Jurnal Pengabdian Kepada Masyarakat Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Bhayangkara Law Review
Aidy, Widya Romasindah
Fakultas Hukum, Universitas Bhayangkara Jakarta Raya
Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legitimate Prejudice in Legal Interpretation: Gadamer's Hermeneutics as an Analytical Framework Sugeng, Sugeng; Aidy, Widya Romasindah
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.12443

Abstract

Legal interpretation is often influenced by certain prejudices or preconceptions that are regarded as legitimate in the process of understanding legal texts. These prejudices are not necessarily irrational or unfounded; rather, they form part of the interpreter's horizon, shaped by history, culture, and prior knowledge. This article explores the concept of legitimate prejudice within the realm of legal interpretation, using Hans-Georg Gadamer’s philosophical hermeneutics as its analytical framework. Gadamer’s approach offers a nuanced understanding of how meaning emerges through the fusion of horizons between the legal text and the interpreter’s situated perspective, highlighting the productive role of prejudice in the interpretive process. Gadamer's hermeneutics offers an approach that emphasizes the importance of dialogue between the text, the reader, and its historical context. In the context of legal interpretation, legitimate prejudice is not merely viewed as an obstacle but also as a constructive element that enables the creation of legal meaning that is more relevant to social dynamics. This article examines how Gadamer's "fusion of horizons" can help legal practitioners and scholars bridge legal texts with contemporary moral, social, and cultural values. This study employs a normative juridical method combined with a philosophical and hermeneutical approach. The normative juridical method focuses on the analysis of legal norms, principles, and doctrines as they are formulated in legal texts and judicial decisions. Meanwhile, the philosophical approach is used to explore the epistemological foundations of legal interpretation, particularly concerning the role of prejudice and preconceptions in shaping legal meaning. The philosophical approach is used to analyze the concept of prejudice in legal interpretation within the broader framework of legal philosophy and epistemology. Meanwhile, the hermeneutical approach, particularly drawing from Gadamer’s theory, is applied to examine how interpretative prejudices shape and influence the legal decision-making process. This perspective allows for a deeper understanding of how legal meaning is not simply derived from the text itself, but is co-constructed through the interaction between the interpreter’s historical context, normative assumptions, and the legal text. By integrating Gadamer’s hermeneutic principles into the practice of legal interpretation, this article aims to contribute to the development of a more inclusive, critical, and value-oriented theory of legal interpretation.
LAW ENFORCEMENT AGAINST TRANSACTION MODES INTERNATIONAL TRADE Widya Romasindah Aidy; Alum Simbolon; Rr. Dijan Widijowati
Bhayangkara Law Review ##issue.vol## 1 ##issue.no## 1 (2024): June 2024
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/c52v2f39

Abstract

In the era of globalization, transnational crime is an inevitable trend as the lines between nations become more unified. One form of transnational crime that is very disturbing to various countries is money laundering which has several modes and one of them is international trade transactions. This mode is done through a Letter of Credit (L/C) document as a means. The purpose of this study is to determine the form of regulation against money laundering in the mode of international trade transactions and understand its law enforcement against the mode of international trade transactions. The type of research used is normative juridical research with a statutory approach to find out the overall legal regulations governing the examination of documents in L/C, and a conceptual approach using a way of looking at legal principles in legal theory. The result of this study is that the Government has regulated the use of L/C through Permendag Nomor 94 Tahun 2018, especially for exports of minerals, coal, oil and gas, and palm oil. This regulation requires the use of L/C from domestic banks for certain types of exports and imposes sanctions for violators of this regulation and its enforcement against abuse of the authority of credit facilities by banks through L/C, must immediately prioritize the improvement, improvement, and renewal of the Banking Law accompanied by firm law enforcement and managerial improvement of banking.
Perdagangan Pakaian Bekas Dalam Perspektif Perundang-Undangan Di Indonesia: Berkah Atau Musibah Moammar Khadafi; Otih Handayani; Widya Romasindah Aidy
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i1.136

Abstract

The proliferation of imported used clothing trade is due to clothes sold having foreign brands at cheap prices so that people who want to stay fashionable prefer imported used clothes because they are considered more affordable. The Clinical Pathology Laboratory of Muhammadiyah University Surabaya stated that used clothing samples contained mold or yeast fungi, Staphylococcus aureus bacteria, Escherichia coli bacteria and HPV (Human Papilloma Virus). This study aims to investigate the regulations regarding the trade of secondhand clothing in Indonesia and explore the legal protection provided for consumers of secondhand clothing in the country. The study employed a normative juridical legal research method, utilizing both the statute approach and conceptual approach. It drew upon legal materials such as Law Number 8 of 1999, Law Number 36 of 2009, Law Number 7 of 2014, and Minister of Trade Regulation No. 18 of 2021. The initial finding of the research was that the importation of secondhand clothing in Indonesia has been prohibited under Minister of Trade Regulation No. 18 of 2021, Article 2, paragraph (3), while local secondhand clothing businesses are permitted based on the Indonesian Business Field Standard Classification (KBLI) with code 47742. Secondly, legal protection for secondhand clothing consumers in Indonesia has been regulated in Law Number 8 of 1999. One of the consumer rights that needs to be fulfilled in consumer protection is the right to compensation for losses suffered by consumers based on Article 4 number 8, Article 7 letter f, and Article 19 paragraph (1).
Co-Authors Adi Nur Rohman Alum Simbolon Amalia Syauket Amalia Syauket Aru Diba Al-hafidz Cabui, Cornelia Evelin Cornelia Evelin Cabui Diana Fitriana Edi Saputra Hasibuan Edi Saputra Hasibuan Edi Saputra Hasibuan Finanto, Mic Fitriana, Diana Fransiska Novita Eleanora Jr, Andre Cardenas Kamilah Is’ad Kardinah Indrianna Meutia Moammar Khadafi Mochammad Syafruddin Rezky Sanaky Mochammad Syafruddin Rezky Sanaky Nina Zainab Otih Handayani Prayitno, Rahadi Budi Rahadi Budi Prayitno Rajanner P Simarmata Rohman, Adi Nur Saimima, Ika Dewi Sartika Simarmata, Rajanner P Sugeng Sugeng Sugeng Sugeng Syauket, Amalia Widijowati, Rr. Dijan Zainab, Nina