International Journal of Advanced Multidisciplinary Research and Studies
Volume 5, Issue 6, 2025
Legal Philosophy in Court Decisions: The Method of Legal Reasoning in Indonesia
Author(s): Indra Kesuma Hadi, Suhaimi, Andri Kurniawan, Wardah, Susiana, Eka Kurniasari
Abstract:
Legal discovery is essentially a legal enforcement effort by judges to realize the legal objectives of legal certainty, justice, and legal utility. When formal legal rules are absent or unclear, judges use philosophical reasoning to fill the gap, for example through interpretation, analogy, or refinement of the law, rather than simply literal application. Legal philosophy studies the nature of law, justice, and the values underlying the legal system, which then serve as guidelines for judges in the legal discovery process. Thus, legal philosophy and legal discovery in judicial decisions are closely related. Forms of legal discovery in a court decision that judges in Indonesia can take include legal interpretation, legal construction, or reasoning.
Keywords: Legal Philosophy, Legal Discovery Methods
Pages: 2011-2016
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