A Philosophical Orientation: Judges Decision for Good Faith Land Sale and Purchase Cases in Indonesia

DOI

10.2991/assehr.k.211014.002How to use a DOI?

Keywords

Judges, Good Faith, Land Sales and Purchase, Legal Findings, Philosophical Orientation

Abstract

This paper aims to find out the basic orientation of the judges in adjudicating good faith in land sale and purchase cases as a “ratio decidendi” in their decisions. The reason and consideration related to the context of the flow of legal discovery as a framework or paradigm of the Judges from the Judge’s legal reasoning in constructing his decision against a concrete case of good faith land sale and purchase cases. This study used the normative legal method to analyze the research problem. The researchers involved three approaches: statutory, conceptual, and case approach. The results show that the philosophical decision of the Judges has orientation. The Judges applied the ontological, the axiological, and the epistemological basis based on the legal ideals of Pancasila, specifically in the first, second, and fifth precepts. Furthermore, there are three streams of philosophical orientation of the judges in adjudicating and deciding good faith cases in land sale and purchase. The streams included the “legisme” orientation, which determines based on positive Law, the orientation of “begriffsjurisprudenz”, which decides based on a new situation as new understandings according to the legal system, and the orientation of “interessenjurisprudenz” which decides based on interests and needs according to their objectives.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Albertus Usada
AU  - I Gusti Ayu Ketut Rachmi Handayani
AU  - Lego Karjoko
PY  - 2021
DA  - 2021/10/16
TI  - A Philosophical Orientation: Judges Decision for Good Faith Land Sale and Purchase Cases in Indonesia
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 5
EP  - 9
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.002
DO  - 10.2991/assehr.k.211014.002
ID  - Usada2021
ER  -