MENGGAGAS CITA MORAL DALAM PENAFSIRAN HUKUM HAKIM

Abstract

In implementing his duty, a judge shall not only be considered as the mouth of acts (la bouche de la loi). The duty of judge is also to interpret law facts in concreto with abstract regulations. It has to be noted that jurisprudence is a hermeneutic exemplar in optima forma which is internalized in law of society. Accordingly, judge may not only interpret the juridical text, but also interpret the fact that results legal problems in order to solve the legal problems. The interpretation of the judge which contains the idea of moral is a concept of law as interpretation/processes of interpreting and also a concept of law as a value based on a statement of ’law as what ought to be in moral or ideal precepts’. This article argues that building the judge’s legal interpretation means developing judge jurisprudence using the dynamic approach in legal hermeneutics. Such approach accomodates the ideal of law in judge’s interpretation  that includes open-mindedness and humanistic in moral perspective.