Analisis Metode Penafsiran Mahkamah Konstitusi dalam Perumusan Putusan Nomor 91/PUU-XVIII/2020 terkait Pengujian Formil Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja
{"title":"Analisis Metode Penafsiran Mahkamah Konstitusi dalam Perumusan Putusan Nomor 91/PUU-XVIII/2020 terkait Pengujian Formil Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja","authors":"Nor Fadillah","doi":"10.20885/jlr.vol7.iss4.art4","DOIUrl":null,"url":null,"abstract":"Interpretation is one of the legal discovery methods that can provide a clearer explanation of the text of the law. The method of interpretation is a means or tool for understanding the meaning of the law, so that its justification lies in its usefulness for carrying out concrete provisions and not for the sake of the method itself. This paper aims to identify the method of interpretation used by judges in court and find out the method used by judges in interpreting the decision Number 91/PUU-XVIII/2020 on the formal review of Law Number 11 of 2020 on Job Creation. The method used is a normative method which positions law as a system of norms for analyzing laws that have been decided by judges through court proceedings. The approach used is the law approach. Data sources come from secondary data sources with primary legal materials, namely Law Number 11 of 2020 on Job Creation and Consitutional Court Decision Number 91/PUU-XVIII/2020 and secondary law, which are law books and journal articles. Technical data analysis is content analysis which is presented with analytical descriptive. The results of this study indicate that the method of interpretation used by Constitutional Court Judges in interpreting Decision Number 91/PUU-XVIII/2020 regarding the formal review of Law Number 11 of 2020 on Job Creation is a method of systematic interpretation, doctrinal interpretation, and sociological interpretation.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"29 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurnal Lex Renaissance","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.20885/jlr.vol7.iss4.art4","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Interpretation is one of the legal discovery methods that can provide a clearer explanation of the text of the law. The method of interpretation is a means or tool for understanding the meaning of the law, so that its justification lies in its usefulness for carrying out concrete provisions and not for the sake of the method itself. This paper aims to identify the method of interpretation used by judges in court and find out the method used by judges in interpreting the decision Number 91/PUU-XVIII/2020 on the formal review of Law Number 11 of 2020 on Job Creation. The method used is a normative method which positions law as a system of norms for analyzing laws that have been decided by judges through court proceedings. The approach used is the law approach. Data sources come from secondary data sources with primary legal materials, namely Law Number 11 of 2020 on Job Creation and Consitutional Court Decision Number 91/PUU-XVIII/2020 and secondary law, which are law books and journal articles. Technical data analysis is content analysis which is presented with analytical descriptive. The results of this study indicate that the method of interpretation used by Constitutional Court Judges in interpreting Decision Number 91/PUU-XVIII/2020 regarding the formal review of Law Number 11 of 2020 on Job Creation is a method of systematic interpretation, doctrinal interpretation, and sociological interpretation.