KEBEBASAN HAKIM DALAM MEMUTUSKAN PERKARA PERDATA Dl PENGADILAN NEGERI

Benny Riyanto

Abstract

777/s study is aimed to explain the freedom ofjudges todecide legal cases. The importance of the study is basedon not only the fact of the existence of different decision on similar case, but also the difficulty ofexplaining in anapproach which constitutes the character ofcivil law system. Relation that, the legal issuesof this study areas follows: how is the design ofjudge's freedom and it's reality at deciding private case concerning substantive law orlegalprocedure in Indonesia? How dojudges make the law as implementing ofjudge's freedom? Basedonthese issues, this study use doctrinal andnondoctrinal re search method. This studyfind out that judge's freedom is anomalous. Ifs mean that the anomaly can not be ex plained relating tocivil  lawsystemparadigm. Actually, given wide judge's freedom in Indonesia. Further more, ithappenedshift from "collective freedom" to"personalorindividual freedom" formaking a decision
relating tobe transplanted dissenting opinion principle  isnotparallel with Indonesia legalorder. It is difficult toimplement thedissenting opinion as the basis ofjudge's decision, in spiteof lackof conceptual under standing, legaltheories orreference to explore the different opinion. In relation to take decision, judges
mayto make the lawthan justlegal finding. It is actually  uncommon in civil lawsystem. Unfortunately, space for law making is not followed byprofesional capacity. Therefore, it is ironical thing relating to "anomalyfreedom."

Full Text:

PDF

Refbacks

  • There are currently no refbacks.