ANTINOMI PENERAPAN ASAS LEGALITAS DALAM PROSES PENEMUAN HUKUM

E. Nurhaini Butarbutar

Abstract

The applying ofthe principle of legality often generate antinomy with principle ofjudge according to law,principle ofrechtweigering and principle of freedom ofjudge. But, as the principle, they are each other equiping in applying of him. In applying ofprinciple of legality, judge remain to pay attention rule oflaw,while the principle ofjudge according to law, run by in view oflaw made to protect importance ofhumanbeing, while importance of that human being always expand hence law also have to expand so that alwayscan protect importance ofhuman being. With freedom ofjudge, hencejudge earn always equip or interpretoflawso that thedecision of felt fair (Einzalfallgerechtigkeit) anduseful.

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