ANTINOMI PENERAPAN ASAS LEGALITAS DALAM PROSES PENEMUAN HUKUM
Abstract: The applying ofthe
principle oflegality 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 ofhuman being, while importance of that human being always expand
hence law also have to expand so that always can protect importance ofhuman
being. With freedom ofjudge, hencejudge earn always equip or interpret oflawso
that thedecision of felt fair (Einzalfallgerechtigkeit) anduseful.
Keywords: Antinomy, the
applying, the principle of legality, law finding process
Penulis: E. Nurhaini
Butarbutar
Kode Jurnal: jphukumdd110098
