SUBMIT YOUR RESEARCH
Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-6 | Issue-03 | 177-182
Original Research Article
Legal Reconstruction of Judges' Decision on Obscure Lawsuit Exception Based on Justice Value
Enju Juanda, Ahmad Rofiq, Umar Ma’ruf
Published : March 27, 2023
DOI : 10.36348/sijlcj.2023.v06i03.007
Abstract
The aim of this research is to find and analyze the weaknesses of the judge's decision on the obscure lawsuit exception in Indonesia and how to reconstruct it based on justice value. This study uses the constructivism paradigm, the approach method is sociological research, the research specifications are analytical descriptive, the data used are primary data and secondary data, primary data is obtained by interview while secondary data is obtained by means of literature study, data analyzed qualitatively by using the Dignified Justice Theory, Legal System Theory, and Progressive Legal Theory. The results of the study show that the Weaknesses include weaknesses in legal substance, namely weaknesses in the provisions of Article 136 HIR. Weaknesses in Legal Culture are that positivism is still the mainstream of judges therefore the Panel of Judges often does not read and study cases together from the start and the Chairperson of the Panel of Judges as a senior judge is still decisive in making decisions, next, the weaknesses in the Legal Structure including the acceptance stage, where, after starting their career as a judge, they must submit themselves to the supervision of judges and structures outside the court. Therefore, the legal Reconstruction intended by the author is related to the values of Pancasila, as the Reconstruction of the Norm is an exception to the obscure lawsuit being considered and decided before the examination of the main case.
Scholars Middle East Publishers
Browse Journals
Payments
Publication Ethics
SUBMIT ARTICLE
Browse Journals
Payments
Publication Ethics
SUBMIT ARTICLE
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
© Copyright Scholars Middle East Publisher. All Rights Reserved.