URGENSI PENGGUNAAN HERMENEUTIKA HUKUM DALAM MEMAHAMI PROBLEM PEMBENTUKAN PERATURAN DAERAH

The establishment of local regulations that contain a lot of legal problems become important to be studied and understood in order to reduce the influence of legal studies that contain authoritarianism. The purpose of this study is to analyze the use of legal hermeneutics in understanding the legal problem through the notion of hermeneutical from Schleiermacher, Dilthey and Ricoeur. This study uses normative legal methods with statute approach and legal hermeneutics approach. The study indicates that the use of legal hermeneutics is very useful in exploring and understanding the legal problems especially related to the participation of communities in the formation of local Regulations. Through legal hermeneutics can be explored, understood and explained juridical problems, sociological problems, philosophical problems, theoretical problems and legal political problems related to the existence of Article 354 of Law 23/2014 and Article 96 of Law 12/2011. Circle of hermeneutical, a dialectical relationship between parts of the text and the whole text, is used to understand those problems. The understanding of parts of the text must understand the entire context for achieving a complete understanding to be contextualized. Keywords: Legal Hermeneutics, Legal Problem, Dialectical Relationship, Establishment of Local Regulation.