Transformation of Legal Discovery in Court Decision In Indonesia by using Guba And Lincoln Paradigm

Abstract

This study aims to describe the rechtsvinding transformation in Indonesia with the paradigmatic study of Guba and Lincoln. The transformation process containing the time and socio-cultural dimensions of society emerged through a long process. This transformation can be seen through the paradigmatic Guba and Lincoln. Ontology of positivism paradigm means that the judge reads the law as it is written transformation into the ontology of post-positivism paradigm is critical realism, meaning that the judge reads the law critically because the law can only be understood imperfectly because the phenomenon or development of society continues to change and is not can be limited. Moreover, the methodology of positivism paradigm, namely verification, means that the judge examines the object of the dispute by referring to the law as a basis for the transformation of truth into a methodology of post-positivism paradigm, namely the counterfeiting of verification, namely the abortion of the facts. Thus the judge's judgment in deciding a case in Indonesia starts from realizing formal justice towards substantive justice.