Open AccessThe Principle of Synderesis in Interpreting Legislation
Author(s) -
Tomy Michael,
Erwin Siregar,
Ryan Gabriel Siregar,
I Wayan Lastika Yasa,
Isdiyana Kusuma
Publication year - 2021
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v8i7.2877
Subject(s) - decree , statutory interpretation , law , statutory law , state (computer science) , legislation , interpretation (philosophy) , teleology , legislature , political science , law and economics , sociology , philosophy , mathematics , linguistics , algorithm
In this study, the method of legal interpretation plays an important role in finding answers to research questions. In the study of statutory regulations, understanding a statutory regulation requires a separate understanding technique. Does the understanding technique itself use reading or interpreting techniques, but all of which must produce the common good. This common good is often called the bonum commune. In the study of legal philosophy, legal justice is the highest goal of law. In the concept of the welfare state, bonum commune is an entity related to the teleology of the felling of being well. Bonum commune doesn’t mean that we define a standard principle that must be enforced and apply to everyone. Bonum commune is related to human awareness as part of a community that needs each other and leads to a good state of society. The principle of synderesis when used to interpret the entire Regent Decree Number 20 of 1997, the legal solution was found, namely Batu Tiga Village existed before the Regent’s Decree Number 20 of 1997 because the statutory regulations that were ius constitutum originated from the prevailing customs in the community.