MEMBANGUN ARGUMENTASI HUKUM SECARA KRITIS DALAM MEKANISME LITIGASI DI INDONESIA (Studi Empirik Putusan Pengadilan)

Abstract

Legal argument is a debate or argument in explaining the issues between two or more people per- formed in court. The argument requires legal basis, but some others do not use legal basis. In other hand,an argument must be based on the facts revealed in a trial. Some verdicts in Indonesian courtsin criminal, civil, or environmental cases hadthe controversies among the public through social media, both academic and non-academic communities, because they were not based on the legal facts re- vealed at the trials and not in favor of the public sense of justice,for example, the verdict of Lapindo Brantas case in Sidoarjo, the Judicial Review by the Supreme Court against the corruption case of Sudiono Timan, and the verdict of Palembang District Court on the forest fires and the concession land of PT. BumiMekarHijau in 2014. The verdicts are interestingto be studied concerning how to build legal argument in the litigation mechanism in Indonesia. In building legal arguments, it would have to be carried out by collecting clear data (evidence) and factsin order that the solutions do not deviate from the rules of law.

Keywords; building, legal arguments, litigation mechanism.