HERMENEUTIKA FILSAFAT GADAMER DAN RELEVANSINYA BAGI PENGEMBANGAN HUKUM DI INDONESIA
| Main Authors: | , Tri Tarwiyani, , Prof. Dr. Joko Siswanto |
|---|---|
| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
|
| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/89278/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51477 |
Daftar Isi:
- The research entitled Gadamer�s Philosophical Hermeneutics and Its Relevance to Develop The Law in Indonesia, has aim to know and to understand the meaning of Gadamer�s hermeneutics, to cover the concept of Gadamer�s legal hermeneutics, and to formulize its relevance to develop the law in Indonesia. This study is a library research. The methodological steps in this research are, first was collected data, that is primary data and secundary data. After data was collected, those data processing with selection and reduction. Data, then was grouped according to the theme. Meanwhile, to analyze the result to the research, its used to ease in approaching the problem and to simplity in understanding of Gadamer�s though. Next method is hermeneutics, to understand and to recapture his though. Beside hermeneutics, this research use language analyze methode and heuristics. Heuristics method use to associated with the relevance of Gadamer�s concept about legal hermeneutics to the development of the law in Indonesia. The results of this research as follow, first for Gadamer, the problem of hermeneutics is the problem of understanding. In Gadamer�s opinion, between understanding, interpretation, and aplication is a unity that can be separated. Interpretation of a text has contain understanding in itself. Interpretation and understanding will be cusp to aplication. Second, Gadamer�s hermeneutics was called as philosophical hermeneutics. However, associated with obtaining an understanding, Gadamer�s hermeneutics was called as dialectical hermeneutics. This is due to gain understanding a text than the text have to �bring a life�, encoraged dialogue so that the text is consider as �partner� of the interpretator. Understanding with dialogue was used by Gadamer to understanding or to interpretating the texf of law. Interpretation is not only aimed to comprehend the original meaning of the text but it has to extend the original meaning so interpretation not only reproductive but also productive. Third, legal hermeneutics can not be applicable in all countries. Only a country that gives space toward interpretation of the text of the law that enable to application the legal hermeneutics. Indonesia itself is a country that interpetation the text of the law is enable to do, so legal hermeneutics can be applied in Indonesia.