Politik Hukum yang Terdapat pada Pertimbangan Hakim dalam Perkara Pidana di Indonesia

Political law is the basic policy that is the basis for the formation, implementation and enforcement of law in a country. In the context of criminal cases in Indonesia, legal politics is reflected in the judge's considerations when handing down a decision. This research aims to analyze how legal politics influences judges' considerations in criminal cases and the extent to which these factors reflect substantive justice, legal certainty and legal benefits. By using a normative juridical approach and analysis of court decisions, this research finds that judges' considerations are influenced by various factors, such as statutory regulations, legal doctrine, jurisprudence, and social values ​​that develop in society. The legal politics applied by judges in their decisions often show an attempt to balance the need for legal certainty with substantive justice. However, in some cases, it was found that judges' considerations could be influenced by external pressures or developing political dynamics, which had the potential to cloud the principle of judicial independence. These findings provide important insights for policy makers and law enforcers to strengthen a justice system that is oriented towards justice and integrity.

Authors

Institutions

Publication Details

Journal
Terang Jurnal Kajian Ilmu Sosial Politik dan Hukum
Published
2024-12-17
DOI
https://doi.org/10.62383/terang.v1i4.727
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Politik Hukum yang Terdapat pada Pertimbangan Hakim dalam Perkara Pidana di Indonesia

Tamaulina Br. Sembiring, Ismaidar Ismaidar, Jesslyn Elisandra Harefa
Terang Jurnal Kajian Ilmu Sosial Politik dan Hukum
Legal Studies and Policies
article

Politik Hukum yang Terdapat pada Pertimbangan Hakim dalam Perkara Pidana di Indonesia

Tamaulina Br. Sembiring, Ismaidar Ismaidar, Jesslyn Elisandra Harefa
article en

Abstract

Political law is the basic policy that is the basis for the formation, implementation and enforcement of law in a country. In the context of criminal cases in Indonesia, legal politics is reflected in the judge's considerations when handing down a decision. This research aims to analyze how legal politics influences judges' considerations in criminal cases and the extent to which these factors reflect substantive justice, legal certainty and legal benefits. By using a normative juridical approach and analysis of court decisions, this research finds that judges' considerations are influenced by various factors, such as statutory regulations, legal doctrine, jurisprudence, and social values ​​that develop in society. The legal politics applied by judges in their decisions often show an attempt to balance the need for legal certainty with substantive justice. However, in some cases, it was found that judges' considerations could be influenced by external pressures or developing political dynamics, which had the potential to cloud the principle of judicial independence. These findings provide important insights for policy makers and law enforcers to strengthen a justice system that is oriented towards justice and integrity.

Terang Jurnal Kajian Ilmu Sosial Politik dan HukumVol. 1(4)
Universitas Pembangunan Panca Budi Medan (ID)
Openalex Percentile: Top 51%
Legal Studies and Policies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Politik Hukum yang Terdapat pada Pertimbangan Hakim dalam Perkara Pidana di Indonesia — Tamaulina Br. Sembiring, Ismaidar Ismaidar, et al. · Terang Jurnal Kajian Ilmu Sosial Politik dan Hukum (2024) | TGRS Research Map | TGRS