Interpretations is the process through verbal communication
or movement between two or more speakers who can not use the same symbols,
either simultaneously (known as simultaneous interpretation) or sequentially
(known as consecutive interpretation). By definition, the interpretation is
only used as a method if needed. If an object (artwork, speech, etc.) is quite
clear meaning, the object will not invite an interpretation. The term can refer
to its own interpretation of the ongoing process of interpretation or results.
An interpretation can be part of a presentation or depiction
of information were altered to conform with a set of specific symbols. That
information can be oral, written, pictures, mathematical, or other language
forms. Complex meanings can arise when the interpreter whether knowingly or not
do a cross-reference to an object by placing it in the framework of experience
and wider knowledge.
The purpose of interpretation is usually to increase
understanding, but sometimes, as in propaganda or brainwashing, aim precisely
to confuse understanding and create confusion.
Various views of experts on the interpretation of law or
legal interpretation raises a lot of theories, methods, or other types of legal
interpretation. The diversity of the distribution method that legal
interpretation is suspected because there are differences in the size of the
general and particular categories used.
As for the types of construction methods and the
interpretation of the law that is usually used, include the following.
1. Method of interpretation by language (grammar) is a way
of interpretation of the Act by interpreting the meaning of words (terms)
contained in the legislation. The judge should assess the meaning of words
commonly used in everyday language are common. Requirements that must be met in
doing this is the interpretation of the language should be a logical
explanation, therefore this method is also called objective methods.
2. Systematic method of interpretation is the interpretation
of the interpretation of laws and regulations associated with the law or other
laws or with the whole legal system. Because the formation of a law is
essentially a part of the whole system of legislation in force so that there
can not be a law that stands alone without being tied to other legislation. As
a logical consequence of the effect of a regulatory system to interpret the law
should not be distorted or out of the system of legislation. Therefore, a
systematic interpretation is also called logical interpretation.
3. The method of interpreting the historical interpretation
of the Act by reviewing the historical background of the establishment or the
rule of law is concerned.
Interpretation of statutory language
In the law of historical interpretation can be divided into
two, namely:
a. Interpretation according to the history of a law setting
(Wethistoirsche interpretatie) the interpretation of the Act by investigating
the development of a law since been made, debates that occurred, or an
explanation of the purpose of the enactment of the Act forming at the time of
formation. Interpretation according to the history of this legislation also
called for the interpretation placing subjective interpretation on the
subjective view legislators. Thus the interpretation according to the law is
the opposite of the interpretation of grammatical method of interpretation
called objective.
b. Interpretation according to the laws of history (Rechts
historische interpretatie) is an interpretation that is done by understanding
the law in the context of legal history. Thinking underlying the implementation
of the method of interpretation is the notion that every law is always a
reaction to social needs that require adjustment. Each setting can be viewed as
a step in the social development of the community so that the move means
unknown. This includes all the agencies involved in the implementation of the
legislation.
4. Methods of Sociological Interpretation of the
Teleological or the manner of interpretation of a statutory provision to
determine the meaning or that are based on social goals. Law interpretation
methods applied to a law which is still valid but less work because it does not
fit anymore with the state of the times. Against the existing legislation
sought (through interpretation) to be used for events, relationships, and
environmental needs of the present with no regard to whether it was known at
the time of enactment or not. In simpler terms teleological or sociological
interpretation methods can be argued that an attempt to adjust legislation to
relationships and new social situations. State laws that actually is no longer
relevant to the times used as a tool to resolve disputes that occur in the
present.
5. Anticipatory or futuristic interpretation of the
interpretation that explains how the provisions of law based on the legislation
applies not have the power, that is, in the draft legislation.
6. Evaluative interpretation-that is, if the judge in his
ruling specifies the meaning is crucial (the breakthrough) on legal
developments occurring after the (appearance or enforceability) certain legal
rules.
7. Restrictive interpretation and Extensive. Judging from
the results of the findings, an interpretation of the law can be divided into
extensive and restrictive interpretation. Restrictive interpretation is an
appropriate word or given a narrower meaning than the meaning given to it in
the dictionary word or meaning that is common in the words in the dictionary or
meanings in everyday conversation, while the extensive interpretation is a word
given a broader meaning rather than the meaning given to it in the dictionary
word or meaning in everyday conversation.
8. The analogy of the construction method is a method of
discovery of the law of a case by entering into an arrangement scope of the
legislation and is not intended to resolve the case in question.
9. Construction Methods argumentum a contrario that a
construction method that provides resistance understanding between concrete
events faced with the events set out in the Act. Based on this resistance drawn
a conclusion that the case was not included into the region faced the article.
10. The smoothing method of construction law is a method
that issued his problems as a matter of the scope of the relevant legislation.
