IJSSH 2013 Vol.3(2): 156-159 ISSN: 2010-3646
DOI: 10.7763/IJSSH.2013.V3.217

The Importance of Progressive Interpretation for Judge in Handling Corruption Cases in Indonesia

M. Syamsudin
Abstract—The objective of this research is to analyze method of legal interpretation which is conducted by judge in handling corruption cases. Data were collected by interviewing judge and analysing judge verdict on corruption cases. Research result showed that common methods of legal interpretation are wide and narrow interpretations. Wide legal interpretation is intepretation which considers norms and moral turpidute based on unwitten legal sources. Narrow legal interpretation views corruption merely based on written legal sources. The application of both legal interpretations brings implication. If judge employs narrow legal interpretation, judge tends to pass non guilty verdict. Meanwhile, if judge applies wide legal interpretation, judge is likely to pass guilty verdict. This research recomends the importance of progressive interpretation for corruption case. Progressive interpretation is legal interpretation on written regulation and legal facts which does not only to read them literally but also to place them in certain context.

Index Terms—Progressive legal interpretation, corruption.

M. Syamsudin is with the Faculty of Law Universities Islam Indonesia (e-mail: sm.syamsudin@yahoo.com.au).

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Cite:M. Syamsudin, "The Importance of Progressive Interpretation for Judge in Handling Corruption Cases in Indonesia," International Journal of Social Science and Humanity vol. 3, no. 2, pp. 156-159, 2013.

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