Karya Ilmiah
DISERTASI (287) - Prinsip Independensi Hakim Dalam Memeriksa, Mengadili Dan Memutus Perkara
This dissertation given a title Principles of Judge Independence In Examining,
adjudicate and deciding Cases. The legal issue studied in this dissertation is about the
importance of the independence of judges in examining, adjudicate and deciding
cases. Some approaches that can be used in legal research are statutory approach, case
approach, historical approach, comparative approach and conceptual approach. The
theoretical framework in the writing of this dissertation is built on three concepts,
independence, judges, examining, adjudicate and deciding cases.
Independence of judges can be traced from the growth of the theory of separation of
powers which gives a separate and independent place for judicial power. The
Independence of judges requires accountability and the other hand protection in
process of implementation. Of Course the protection of the judge is only when
carrying out his duties in good faith. If proven in carrying out its duties in the
influence of both internal and external or other matters that are prohibited by laws
and regulations then the judge is beyond the protection provided by law. The judge's
profession does not need to be privileged when the perpetrator or his person violates
the law because the universal principle that also applies in Indonesia is Equality
Before The Law. Which means that judges are also treated equally with other
citizens. Protection of the exercise of independence is given in the case of a judge
performing his duties in good faith, based on obeying law, it need to be regulated in
law.
Key Words : Independence, Judges, Examining, Adjudicate and Deciding Cases.
031317017308 | 287 Hid p | Ruang Disertasi | Tersedia |
Tidak tersedia versi lain