Juridically and philosophically, Indonesian judges have the obligation or right to make legal interpretations or legal discoveries so that the decisions they make are in accordance with the law and the sense of justice of the community. Judges’ interpretation of the law in the judicial process must be carried out on certain principles and principles, which serve as the basis as well as guidelines for judges in exercising their freedom in finding and creating laws. In an effort to interpret the law, a judge knows the principles of justice in the laws and regulations relating to the world of justice, in this case the 1945 Constitution of the Republic of Indonesia, Law Number 48 of 2009 concerning Judicial Power.
Legal interpretation consists of:
- Grammatical Interpretation
Interpretation based on the law of everyday grammar. This is done when there is a term that is unclear or unclear which can be interpreted according to everyday grammar. - Authentic Interpretation
The interpretation provided by the law itself. In Chapter X, Articles 86 to 101 of the Criminal Code, an authentic interpretation is stated. - Systematic Interpretation
Interpretations relating to part of a law with other parts of the law as well. Historical Interpretation of the Law Interpretation by looking at the files or materials when the law was made. - Analogist Interpretation
The interpretation of a term is based on provisions that have not been regulated by law, but have the same principles as something that has been published in law. - Teleological Interpretation
Interpretation based on the objectives of the law. - Interpretation according to legal history
Interpretation by looking at the history of law. For example, by looking at the law that was in effect. - Extensive Interpretation
Interpretation by expanding the meaning of an actual term. - Redeneering acontratio
Interpretation finds the opposite of the meaning of the term at hand. For example, the opposite of the expression no crime without error is that punishment is only imposed on someone for whom there is an error. Another example is that it is prohibited to take a certain action, the opposite is if someone does an action that is not prohibited, does not comply with the provisions of the prohibition. - Restrictieve Interpretatie
Interpretations that narrow the meaning of a term. For example, laws in the broadest sense are all products of legislation such as the UUD, statutes, Perpu, government regulations and so on. Meanwhile, laws in the narrow sense are only laws made by the government together with the DPR.
