rosidah, nikmah and Rachmi handayani, I gusti ayu ketut and hartiwiningsih, hartiwiningsih (2017) THE JUDGE'S JUDICIAL INDEPENDENCE IN MAKING LEGAL DECISION IN THE COURT. International Journal of Business, Economics and Law, 13 (4). pp. 151-158. ISSN 2289-1552

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Abstract

The judge's judicial independence in sentencing a crime is one of some aspects of judge's authority judicial independence and discretion that is regulated in 1945 Constitution and in other laws. The judge's authority code of conduct is an authority with discretion to determine guilty or not guilty for someone, types of sentences, and degrees of sentence severities. Judge is given duty and authority to accept, examine, make the legal decision, and finish cases that he/she deals with, so that this function should be conducted with full responsibility because judge's legal decision must be accounted for public, state, nation, God and his/herself. The judge's legal decision should reflect the truth, justice, benefit, wisdom, and honesty to be able to provide and reflect the degree of law public awareness. The judge's legal decision is expected to bring benefits for public, nation, and statelife in the Republic of Indonesia. Problems to study in this research are as follows: (i) how does the judge's judicial independence in making legal decision on the court? ; (ii) what factors are influencing the judge to make the legal decision? This research used normative jurisdiction and empirical jurisdiction. This research used primary and secondary data. Primary data were taken directly from informants and secondary data were taken from primary, secondary, and tertiary law materials. Data were analyzed qualitatively. The conclusions are that the Judge in using his/her judicial independence and discretion in making legal decision particularly in the criminal case is theoretically assured by Law. However, these judicial independence and discretion may be wobbly when receiving influences indirectly from outside parties. This depends on the judge’s personality; whether he/she had internalized and conducted the principles of judicial independence and discretion or not. Besides, the judge in making legal decision is not out of existing law instruments in written and unwritten laws; however, making interpretations are possible because these are mandated by law. The judge is not only required to make the legal decision based on legal security principle, but the judge is also required to present substantive justice in each of his/her legal decision. Factors influencing the judge to make legal decision on a case are: 1) the way in which the issues are presented; 2) the sources of theory; 3) the personal attributes of the judge; 4) the professional socialization of judge; 5) situational pressures on the judge; 6)organizational pressures on him; 7) the alternative permissible rules of judges. Keywords: judge’s judicial independence, judge’s judicial discretion, justice

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: NIKMAH ROS
Date Deposited: 28 Feb 2018 08:25
Last Modified: 28 Feb 2018 08:25
URI: http://repository.lppm.unila.ac.id/id/eprint/6554

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