PROBLEMATIKA MEWUJUDKAN KEADILAN SUBSTANTIF DALAM PENEGAKKAN HUKUM DI INDONESIA

Anwar, Anwar

Jurnal Konstitusi
Vol 3, No 1: Juni 2010

Theoretically, the problems deal with the attitude of the law enforcers, especially the judges, to take sides in considering the procedural  or substantive justices. The 1945 Constitution or the  legislation on the justice power and on Constitutional Court of Law actually oblige the judges to realize  the substantial justice in law enforcement. The judges  are not the sounders  of the laws, since human beings are never able to make perfect legislation. It is the judges who should interpret the legislations in order to realize the substantial justice.