Legal Reasoning Judge's Decision in Civil Cases

Abstract

Introduction: Civil Procedure Law is a legal regulation that regulates how to ensure compliance with material civil law through the mediation of a judge. If there is a person or several people who feel that their rights have been violated or have caused harm to them, then they can file a claim for their rights through the court. Objective: This research aims to know, understand, and discover the nature of legal reasoning (legal reasoning) regarding a Judge's decision in a civil case and to know, understand, and discover the juridical position of legal reasoning (legal reasoning) regarding the Judge's decision in a civil case; and to know and understand the factors that influence legal reasoning (legal reasoning) the Judge's decision in a civil case. Method: The method used by researchers here is: In this research, combining two types of research, namely in this type of research, the researcher conducts research by combining both Normative and Empirical research with a Qualitative approach related to legal reasoning of judges' decisions in civil cases. Result: The research results show that: 1) The nature of legal reasoning (Legal Reasoning) The Judge's Decision in Civil Cases is an effort made by using a scientific approach in seeking the truth regarding the upholding of norms based on Law Number 48 of 2009 Article 1 Paragraph 1 Concerning Judicial Power and in essence thinking, using, developing or controlling problems in the legal field by using reason, or what can be called legal reasoning. 2) Juridical Position of Legal Reasoning (Legal Reasoning) Regarding the Judge's Decision in Civil Cases, it can be seen from the aspect of justice that it is a logical implementation of legal norms in the sociological dimension of law, from the aspect of the truth of a decision, legal reasoning is a consequent form of the logical and analytical nature of law. 3) Factors that influence this include Legal Culture Factors, Knowledge and Understanding of the Law Factors, and Evidence Factors. Conclusion: The Essence of Legal Reasoning (Legal Reasoning) of Judges' Decisions in Civil Cases is an effort made by using a scientific approach in seeking the truth regarding the upholding of norms based on Law Number 48 of 2009 Article 1 Paragraph 1 Concerning Judicial Power and in essence thinking, using, developing or controlling a problem in the legal field by using reason, or what could be called legal reasoning.