Ranah Research : Journal of Multidisciplinary Research and Development
Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe

The Urgency of Strengthening Judges’ Authority in the Rechtvinding Process

Eko Budi Susilo (Faculty of Law, Universitas Darul Ulum Islamic Center Sudirman, Semarang)
Tri Susilowati (Faculty of Law, Universitas Darul Ulum Islamic Center Sudirman, Semarang)
Naya Amin Zaini (Faculty of Law, Universitas Darul Ulum Islamic Center Sudirman, Semarang)



Article Info

Publish Date
19 Nov 2024

Abstract

The rechtvinding process, or legal discovery, is one of the essential functions performed by judges, particularly when dealing with cases that are not clearly regulated in the laws and regulations. The urgency of strengthening judges' authority in the rechtvinding process is crucial considering the limitations of positive law that often cannot keep pace with the increasingly complex dynamics of society. On the one hand, this authority enables judges to ensure justice and meet the legal needs of the community. However, on the other hand, challenges such as ambiguities in regulations, subjectivity in interpretations, and a lack of accountability can reduce legal certainty. This article aims to examine the urgency of strengthening regulations regarding judges' authority in the rechtvinding process and to identify the weaknesses present in this process. Additionally, this article offers various measures that can be taken to enhance legal certainty, such as developing consistent jurisprudence and implementing stronger accountability principles. Thus, it is hoped that strengthening judges' authority in the rechtvinding process can support the achievement of a more responsive, fair, and trustworthy legal system for society.

Copyrights © 2024






Journal Info

Abbrev

R2J

Publisher

Subject

Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Transportation Other

Description

Ranah Research : Journal of Multidisciplinary Research and Development adalah jurnal multidisiplin ilmiah yang diterbitkan oleh inasti Research di bawah naungan Yayasan Dharma Indonesia Tercinta (DINASTI). Perbitan jurnal ini 4 kali dalam setahun yaitu November, Februari, Mei, dan Agustus. Ruang ...