Jurnal Hukum dan Peradilan
Vol 8, No 1 (2019)

IMPLEMENTATION OF JUDICIAL ACTIVISM IN JUDGE’S DECISION

Indriati Amarini (Fakultas Hukum Universitas Muhammadiyah Purwokerto)



Article Info

Publish Date
30 Mar 2019

Abstract

The task of the judge in realizing justice is inseparable from the decisions that are made. A qualified judge's decision is obtained through the judge's thought process through a choice of judges that reflects judicial activism. The problem in this research is how judicial activism is used by judges in issuing decisions and how the implementation of judicial activism in decision making. Judicial Activism is the choice of decision making by judges in order to realize justice. Judicial activism in the Indonesian judicial system is regulated in Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. The law requires judges to explore the law and sense of justice that lives in society. The implementation of judicial activism is carried out by judges through means of legal discovery. Through means of legal discovery, judges play an active role in realizing justice as a law that lives in a dynamically developing society.

Copyrights © 2019






Journal Info

Abbrev

jurnalhukumperadilan

Publisher

Subject

Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, ...