Penafsiran hukum dan konstitusi menggunakan metode ‎historis dalam menguji undang-undang oleh Mahkamah ‎Konstitusi

Abstract

This study discusses the interpretation of laws and constitutions using historical methods in examining laws by the Constitutional Court. Where the Constitutional Court as a judicial institution in examining laws will inevitably meet with interpretation. The constitution not only determines the existence and power but also the measures used by the Constitutional Court must be in harmony with the constitution, to interpret the constitution. In interpretation, the judge who examines has the right to freedom in determining the method to be used in his test. In interpreting the constitution or law means providing information or explanation to be understood the purpose of this study is to find out whether the interpretation of historical methods is relevant to the test of legislation. The type of research used in this study is normative legal research, namely the source of data used in this study is primary data and secondary data. Primary data comes from laws, Constitutional Court rulings and other regulations. Secondary data is obtained from books or journals or publications and information in the form of documents or online media. Data collection from this research was carried out by means of literature studies in the form of secondary data as basic material for research by conducting a search of the literature related to this research. One of the important processes to maintain the existence and power of the constitution is the interpretation of the constitution by the Constitutional Court. The Constitutional Court has the authority and responsibility as the guardian and interpreter of the constitution. The Constitutional Court can ensure that such protection is in line with constitutional provisions when interpreting. There are many methods of legal interpretation, one of which is historical. There are two types of historical interpretation: interpretation based on the history of law and interpretation based on legal history. The purpose of historical interpretation is to understand the meaning of a law or constitution through the context of the formation or history of legal development. There are differences of opinion about this method; Some people believe that it can help understand and control the constitution properly, while others argue that it is irrelevant to current social and political changes.