Abstract

This work is aimed at visualizing the importance of legal language in guaranteeing legal certainty that may minimize as well as eliminate the differences of interpretation among of legal drafters, legislators, other legal officers in order to create justice for all. In practice, those differences root at three core problems: (i) inability of legal drafters or legislators in formulating rules into appropriate legal language; (ii) the weaknesses of legal officers interpreting the legal language; and (iii) the lack of knowledge of society in understanding the legal language. For that reason, this work will elaborate and discuss the way to design, to formulate and to function the norms and mechanism of legal language that can strengthen the degree of legal certainty. In this context, it emphasizes the importance of several core elements that can guarantee the legal certainty that are characteristics and standard guidance in utilizing the legal language. In detail, those characteristics can seen at its clarity and its consistency. At the end, this work will show the standard and steps in designing and formulating and using the legal language that may strengthen the degree of legal certainty, which in turn to create justice for all. Keywords: legal language , legal certainty, the law, justice, legal elements DOI : 10.7176/JLPG/81-11

Highlights

  • Viewed from philosophy of science, legal science can be divided into two, dogmatic legal science and empirical legal science[1]

  • While the Big Dictionary of Indonesian Language (KBBI), give language definition into three categories, that is (1) articulated vocal symbols system that is arbitrary and conventional that used as communication language produce thought and feeling (2) the used words by certain nations and (3) good conversation: good courteousness or behavior

  • Good and correct Indonesian language in legal area has relation with legal certainty. It is reflected in the terminology, sentencing, and writing in the legal area

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Summary

Introduction

Viewed from philosophy of science, legal science can be divided into two, dogmatic legal science and empirical legal science[1]. Both term in the research is called as normative and empirical legal sciences. Normative legal science is legal science that focuses to positive law. Empirical legal science is the legal science that views the law as facts that can be observed and value free. The characters of empirical legal science such as; differentiates the facts to the norms, views the legal symptoms as purely empiric, views the legal symptoms as social facts, uses the empirical science methods, and view the legal science as something value free[2]

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