Get To Know Rechtvinding And Examples Of Cases Of Legal Discovery By Judges

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JAKARTA - In the world of law, Rechtvinding is a term that is commonly encountered. So what is the meaning? This short article will discuss the meaning of this idiom along with examples of cases of legal discovery by judges.

The definition of Rechtvinding is the process of law formation carried out by judges or law enforcement officials. This process is the basis for legal decision-making.

Van Apeldoorn (a judge who was famous in the early 20th century from the Netherlands) explained that judges have the duty to form laws by paying attention to certain principles.

Judge Principles in Determining Law

First, a judge should judge on the basis of a law. This is regulated in Articles 20 AB and 22 AB.

Furthermore, Article 14 of Law No. 14 of 1970 obliges a judge not to refuse to try a case presented to him.

Then, if there are legal rules that are empty or legal rules are unclear, then everything is regulated in Article 27 of Law Number 14 of 1970 which is written as follows:

Judges as law enforcers and justice are obliged to explore, follow and understand the legal values that live in society.

Thus, judges must have the ability and activeness to find laws. This understanding is also known as Rechtvinding.

Interpretation and Examples of Legal Discovery Cases by Judges

Judges in conducting legal case findings must adhere to several methods of legal interpretation. The following are some of the commonly used methods, as reported by the Directorate General of Regulations & Legislation, Ministry of Law and Human Rights:

1. Interpretation Method

Based on its literal meaning, interpretation is a way of interpretation by sequencing the meaning of words. Thus the method of interpretation in law means interpreting idioms in the book of laws.

Case sample:

In the law, there is a prohibition against stopping a vehicle in a certain place. Then, the word "vehicle" can be interpreted into various things, whether two-wheeled vehicles, four-wheeled vehicles, or just motorized vehicles.

2. Systematic Interpretation Method

This method is a legal interpretation by connecting one article with another article contained in law with other laws.

Case sample:

Article 1330 of the Civil Code reads "Inability to make agreements among other people who are not yet mature". The chapter then raises a question as to what "not yet mature" means.

To understand Article 1330 of the Civil Code, then relate it to Article 330 of the Civil Code which explains the limits of a person who is not an adult, namely those who are not yet 21 years old.

3. Sociological-Theological Interpretation Method

The teleological-sociological interpretation method is to interpret the Law (UU) based on social objectives. Thus, the rules are adjusted to the social relations and situation of the community.

This method is carried out by adjusting the current situation (contextual) in order to solve and resolve a dispute in people's lives.

Case sample:

The Dayak Kalimatan tribe has a stance that the land is the same as the mother which everyone has, so it must be guarded and cared for. Then, if a judge meets a land dispute case involving the Dayak tribe, he must align the social viewpoint with Law Number 5 of 1960 concerning the Basic Agrarian Law.

4. Analogy Interpretation Method

The interpretation of analogy means the interpretation of the law by attaching the words to the rule of law in accordance with the principles of law. Thus, an event that is not included, is considered in accordance with the sound of the rules.

Case sample:

Article 1576 of the Civil Code reads as "The sale of goods being rented does not decide the lease unless agreed upon". Then there are cases when someone gives his house to someone else, and the house is in a state of being rented out to someone else.

From the case example above, we get the equation between giving, exchanging, inheriting with the act of selling. This equation is an act that intends to isolate an object.

Then a judge makes an understanding if the exile (swap, inherit) does not decide or terminate the lease. This is because Article 1576 of the Civil Code mentions the word "selling" but it can still be applied to events of grants, exchanging, and inheriting.

Apart from the four methods of legal findings carried out by the judges above, there are still several other methods such as the authentic (official) interpretation method, the historical interpretation method, the extensive interpretation, the restrictive interpretation, and the argumentus a contrario interpretation.

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