Guntur: Law is not Just Logic, but also Experience
Image


Logic will get you from A to B. Imagination will take you everywhere. Imagination is more valuable than science (Albert Einstein).

Inventor Albert Einstein’s theory of relativity long ago has reminded us of the importance of the power of logic. Although it is far more important is the ability of our imagination. This is relevant to the matter Reasoning and Legal Argument delivered by Guntur Hamzah, professor of the Faculty of Law, University of Hasanuddin Makassar and Chief of P4TIK of the Constitutional Court who was born in January 8, 1965 when completing the fifth session of Training to PKPI.

As a professor who had completed his S3 from Airlangga University, he said that the matter of reasoning and legal argumentation is a serious matter that is important enough to be delivered to the participants. In short, the notion of legal reasoning is a method of thinking in applying the law.

"In the context of the relationship with the Court, I have to say the most basic there are four parties involved in a case in the Court: Petitioner, Respondent (KPU), Related Party, and Bawaslu as informants. Often stipulation seeping into other things that his case should have been completed," explained Guntur began his presentation.

Regarding the authority of the Court, Guntur continued that when the judge appeared not to show independence atmosphere, that’s where the beginning of the doubts people in the institution. “In October 2013, there is a tremendous disaster that struck the Constitutional Court, although we firmly believe that in the internal Constitutional Court not affected deeds of individuals," explained Guntur.

Disputes related to election results, the main strength is how to build a good logic. Of course, it is supported by the evidence. The experience of 2009, the case of the Parties can be built with a very good argument. To have a strong argument, the Court itself also needs supporting reliable and qualified staff. "If we read the Constitutional Court’s decision in judicial review, the Court must thumb up. I am not boasting, but no power of its own arguments from the Decision of the Constitutional Court," said Guntur.

He continued the participants need to build reasoning and arguments not merely by reading the laws and regulations of the Constitutional Court textually. "There is a moral to note reading," he said.

Oliver Wendell Holmes, Jr. (1841-1935), a famous judge in America in his time once said "the life of the law has not been logic, it has been experience". Oliver in above statement stresses the importance of experience in addition to the logic of the case law to support the preparation of an applicant.

Answering questions about the substantive fairness of the participants echoed by the Court, Guntur responded that the hearing system in a case in the Constitutional Court seeking to force the agency materially truth. Proof of the various parties need to be believed to be true by constitutional judges. In fact, for the case of PHPU, time is also limited. ( Yazid / mh )


Wednesday, February 12, 2014 | 16:45 WIB 1565