The Analysis of Frerechtlehre Flow (The Judge’s Creativity in Finding Law) Eungen Ehrlich in Justice and Human Rights Protection

Authors

  • Janang Mula Andri Ronu University Palangka Raya
  • Marsiansyah Marsiansyah University Palangka Raya
  • Ananda Takdir Pratama P University Palangka Raya
  • Brilian Albar Dwi Suparna University Palangka Raya
  • Yayang Asihay University Palangka Raya
  • Dody Dody University Palangka Raya
  • Jovi Jovi University Palangka Raya
  • Mutia Evi University Palangka Raya
  • Kristhy Kristhy University Palangka Raya

Keywords:

Human Rights, Law, Justice, Judge

Abstract

This analysis examines the Freirechtslehre school, which was developed by Eungen Ehrlich, in the context of the creativity of judges in finding law and its important role in justice and protection of human rights (HAM). Freirechtslehre is an approach that recognizes that law does not only consist of written rules, but is also based on community practice and experience. In this analysis, first of all, Eungen Ehrlich's background and contribution in the development of the Freirechtslehre school is explained. Ehrlich emphasizes the importance of understanding law holistically, by involving social, cultural, and economic factors in making legal decisions. He also considers judges to have an active role in discovering law, not just as passive law enforcers. Furthermore, this analysis discusses the creativity of judges in finding law in the perspective of Freirechtslehre. Judges are seen as law creators who have the freedom to interpret and apply law by considering the social context and the values of justice. The creativity of judges in finding law is the result of innovative thinking and efforts to achieve justice and protect human rights. Then, the role of the Freirechtslehre sect in justice and human rights protection is discussed in depth. By paying attention to the social context, Freirechtslehre emphasizes the importance of accommodating social change and upholding human rights values in legal decisions. This stream also strengthens the protection of human rights by emphasizing the fulfillment of individual rights and ensuring justice in the legal system. This study concludes that the Freirechtslehre school makes a significant contribution to our understanding of the creativity of judges in finding law and the importance of justice and protection of human rights. In carrying out their duties, judges need to develop creativity in understanding and applying the law, as well as considering the social context and values of justice in order to achieve justice and effective protection of human rights.

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Published

2024-12-31

Issue

Vol. 4 (2024): Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS)

Section

Articles

License

Copyright (c) 2025 Janang Mula Andri Ronu, Marsiansyah Marsiansyah, Ananda Takdir Pratama P, Brilian Albar Dwi Suparna, Yayang Asihay, Dody Dody, Jovi Jovi, Mutia Evi, Kristhy Kristhy

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