Indonesian Journal of Law and Policy Studies
Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies

Legal Hermeneutics as a Method 0f Rechtsvinding In Judicial Practice

Vantriano Oktavian Garat (Universitas Muhammadiyah Tangerang)
Gamal Abdul Nasil (Universitas Muhammadiyah Tangerang)
Rijal Ibnu Sani (Universitas Muhammadiyah Tangerang)
Aris Gumilar (Universitas Muhammadiyah Tangerang)



Article Info

Publish Date
20 May 2024

Abstract

Legal certainty and justice constitute fundamental objectives of law enforcement. However, statutory provisions are often incomplete and unable to fully anticipate concrete legal events. In such circumstances, judges are required to engage in legal discovery (rechtsvinding). This study examines legal hermeneutics as a philosophical and methodological foundation for legal interpretation in judicial practice. Using normative legal research with a conceptual approach, this article argues that legal hermeneutics enables judges to bridge the gap between legal texts and social realities through a dialogical process between text, context, and contextualization. The hermeneutic circle, fusion of horizons, and pre-understanding play central roles in shaping judicial reasoning. The case of Marbury v. Madison (1803) demonstrates how hermeneutic reasoning contributes to creative legal development. Legal hermeneutics thus provides an alternative paradigm beyond strict legal positivism, enabling a balanced realization of legal certainty, utility, and justice.

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Journal Info

Abbrev

IJLP

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of ...