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All Journal Legal Standing : Jurnal Ilmu Hukum Eksekusi : Journal Of Law Jurnal Hukum dan Peradilan
Teguh, Pri Pambudi
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Arts Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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THE SUPREME COURT'S AUTHORITY AS AN IMPLEMENTER OF INDEPENDENT JUDICIAL POWER IN THE RECRUITMENT OF JUDGES Teguh, Pri Pambudi; Bachmid, Fahri; Rumadhan, Ismail
Jurnal Hukum dan Peradilan Vol 11 No 2 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.2.2022.343-364

Abstract

The primary issue addressed in this study is how the Supreme Court's authority is autonomous in hiring judges with the status of state officials for judicial organizations within its jurisdiction. Because the legislation was the primary source of information, this study took a normative juridical approach. The study's findings indicate that the current legal framework is not yet fully capable of accurately regulating, thoroughly implementing, and enforcing the judicial system and pattern and judges' status as state officials. The current system and pattern of judicial recruitment continue to demonstrate the lack of transparency and uncertainty regarding the legal rules governing the recruitment pattern of judges with state official status. The existing rules retain a tenuous legitimacy because they are not governed by the Constitution, which establishes an independent Judicial Authority charged with enforcing law and justice. As a result, it will be required to enact new rules and regulations governing the system and pattern of recruitment of judges in accordance with the characteristics of judges' positions as state officials in the future to ensure the implementation and accountability of judicial responsibilities.
AN ANALYSIS OF OBSCUUR LIBEL AS A MANIFESTATION OF THE TENSION BETWEEN CIVIL PROCEDURAL FORMALISM AND ACCESS TO JUSTICE Teguh, Pri Pambudi
EKSEKUSI Vol 8, No 1 (2026): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v8i1.39103

Abstract

The application of obscuur libel in civil procedural law practice is frequently used as a basis for declaring claims inadmissible without examining the merits of the case. This condition raises legal concerns because civil procedural law is intended to function as a mechanism for the protection of rights and access to justice within the framework of the rule of law. This study aims to analyze the normative construction of obscuur libel in Indonesian civil procedural law from the perspective of procedural formalism and the principle of the rule of law, as well as to examine the implications of its formalistic application for access to justice and legal protection for justice seekers. This research employs normative legal research using statutory and conceptual approaches, analyzed through a descriptive-qualitative method. The findings indicate that obscuur libel has developed as a doctrinal concept shaped by judicial practice and remains strongly influenced by procedural formalism. Furthermore, the disproportionate application of obscuur libel undermines access to justice, procedural fairness, and legal protection for justice seekers in civil proceedings. Keywords: obscuur libel, civil procedural law, rule of law.
RECONSTRUCTING THE ROLE OF JUDGES IN INDONESIAN CIVIL PROCEDURAL LAW: BETWEEN THE PRINCIPLE OF JUDICIAL PASSIVITY AND PROCEDURAL JUSTICE Teguh, Pri Pambudi
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13393

Abstract

Indonesian civil procedural law remains strongly influenced by colonial legal paradigms that position judges as passive actors strictly bound by the parties’ claims. In judicial practice, the formalistic application of the passive judge principle frequently generates problems of procedural justice, particularly when litigation is terminated on procedural grounds without substantive examination. This condition is problematic within a rule-of-law framework that requires courts to uphold justice and the protection of rights. This study aims to examine the normative construction of the passive judge principle in Indonesian civil procedure and to formulate a reconstruction of the judicial role capable of ensuring procedural justice without undermining judicial impartiality and legal authority. This research employs normative legal research using statutory and conceptual approaches, analyzed through qualitative descriptive methods. The findings indicate that the passive judge principle cannot be interpreted absolutely, as it must be understood systemically within the framework of the rule of law and the purposes of law. Furthermore, a reconstruction of the judicial role through the measured use of judicial discretion is necessary to prevent civil litigation from being trapped in procedural formalism and to ensure a balanced realization of justice, legal certainty, and utility.
Co-Authors Fahri Bachmid Rumadhan, Ismail