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All Journal MAHKAMAH: Jurnal Kajian Hukum Islam Refleksi Hukum: Jurnal Ilmu Hukum Jurnal Penelitian Agama
Vivi Ariyanti
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : MAHKAMAH: Jurnal Kajian Hukum Islam

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KEBEBASAN HAKIM DAN KEPASTIAN HUKUM DALAM MENANGANI PERKARA PIDANA DI INDONESIA Vivi Ariyanti
Mahkamah : Jurnal Kajian Hukum Islam Vol 4, No 2 (2019)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (216.524 KB) | DOI: 10.24235/mahkamah.v4i2.5374

Abstract

The nature of law rests on the idea of justice and moral strength. Justice and injustice according to a law will be measured and judged by a morality that refers to human dignity. Judges participate in the formation of law, not objectively like the law created by legislators, but judges apply abstract text of the law to concrete legal events. This paper discusses the role of judges in ensuring legal certainty and justice in society, especially in handling criminal cases. This study uses a normative and philosophical analysis of the application of the principle of judicial independence in the resolution of criminal cases in the Indonesian criminal justice system. This paper concludes that judges as the spearhead of the enforcement of justice need to have the same perception about the application of the principle of judicial independence in carrying out criminal offenses. It is hoped that the uniformity of mindset in applying these rules from judges throughout Indonesia is no longer the case with the disparity in the conviction, which results in public dissatisfaction with the judge's decision. 
Co-Authors Rahman Latif Alfian, Rahman Latif