|
|
|
AUTHOR(S): Dodi Haryono, Satya Arinanto, Jufrina Rizal, E. Fernando M. Manullang
|
|
TITLE The Construction of Eclecticism to Constitutional Interpretation in Indonesia |
 PDF |
|
ABSTRACT This study is motivated by the inadequate quality of the constitutional interpretation by the Indonesian constitutional court in overcoming the problem of constitutional review. There are contradictory phenomena that have surfaced with an understanding of the essence of meaning in various constitution interpretations and the shift in the results of the interpretation towards weakening the authority of the constitutional court decision. The potential for the constitutional interpretation of the Indonesian constitutional court in each case shows that the quality is not optimal yet. This anomalous condition arises because the process of interpreting the constitution is not yet holistic, integrative, and dynamic, even though it has used an eclectic approach. Although the need for an eclectic interpretation of the constitution is getting stronger, its practice does not automatically bring legal certainty. For this reason, it is still necessary to develop a holistic, integrative, and dynamic interpretation tool which in this article uses Barak's purposive interpretation. The method used a phenomenology rooted in a philosophical perspective, a cross-sectional research design with a qualitative approach to the narrative case study in the category of narrative analysis. The participants were four judges of the Indonesian constitutional court, the determination was made by accidental sampling. The findings of this study are interesting to what extent the predisposition of Barak's purposive interpretation of the constitution in the Indonesian constitutional court. This finding also explains the weakness of the Indonesia constitutional court interpretive approach that is not yet objective, holistic, integrative, and dynamic, and this finding also shows the need to reform the interpretation of Barak's constitution to incorporate the values of the Pancasila ideology. |
|
KEYWORDS Constitutional Interpretation, Purposive Interpretation, Aharon Barak, Narrative Case Study |
|
|
|
Cite this paper Dodi Haryono, Satya Arinanto, Jufrina Rizal, E. Fernando M. Manullang. (2021) The Construction of Eclecticism to Constitutional Interpretation in Indonesia. International Journal of Environmental Science, 6, 223-238 |
|
|
