Claim Missing Document
Check
Articles

Found 2 Documents
Search

Rekonstruksi Pemikiran Hakim dalam Mewujudkan Supremasi Moral Justice Hermawan, Vincent; Budiman, Sitti Nabila Yusri; Pasa, Alicia Putri; Gea, Lenggo Anastasia Briliant; Suwandy, Albert; Saly, Jeane Neltje
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 20 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10002480

Abstract

The purpose of this research is to find out how the judge profession thinks in realizing the supremacy of moral justice and what factors lead to violations of the code of ethics of the judge profession. Judges have a central role in ensuring justice and law run well. In carrying out their duties, judges must maintain the consistency of their decisions and accommodate changes in legal values ​​and a sense of justice that occur in people's lives. The judge must also understand that his position is transcendental and acts as a guardian of cosmic balance. Therefore, judges must strengthen their thinking in realizing the supremacy of moral justice. Reconstruction of judges' thoughts can help realize the supremacy of moral justice by maintaining the consistency of judges' decisions in upholding law and justice, accommodating changes in legal values ​​and a sense of justice that occur in people's lives, and increasing judges' understanding of the meaning of the supremacy of moral justice and its role in make it happen. In addition, judges must also develop a progressive law-based mindset to deal with social changes and values ​​that develop in society. In realizing the supremacy of moral justice, judges must understand that their position has a great responsibility in maintaining justice and law in society. Therefore, judges must strengthen their thinking in realizing the supremacy of moral justice by maintaining the consistency of decisions, accommodating changes in legal values ​​and a sense of justice, and increasing understanding of the meaning of the supremacy of moral justice and its role in realizing it. Thus, the reconstruction of judges' thinking can help realize the supremacy of moral justice and maintain justice and law in society.
Penerapan Keadilan dalam Penafsiran Unsur Pembuktian Tidak Sederhana Pada Pengembang (Developer) Selaku Debitor Pailit dalam Rangka Melindungi Kepentingan Hukum Kreditor Hermawan, Vincent; Adam, Richard C.
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4510

Abstract

This study analyzes the application of justice in the interpretation of the not-simple proof element in developer bankruptcy cases to protect both debtor and creditor legal interests. Using normative legal research with conceptual and statutory approaches, the study finds a shift in court decisions from legal formalism to substantive justice, particularly since the issuance of Supreme Court Circular Letter No. 3 of 2023. This change effectively protects developers from premature bankruptcy, in line with legal theories of Radbruch and Aristotle and global trends of prioritizing business continuity. However, this shift paradoxically creates a legal dilemma for creditors, who lose access to a quick and efficient mechanism for debt settlement, thus compromising their legal certainty and benefits. This research concludes that a balance between protecting both parties is a crucial issue, and future studies should explore alternative dispute resolution mechanisms to ensure a more equitable and efficient legal system for all stakeholders.