Landasan Aksiologi Kebebasan Hakim dalam Memutus Perkara Tinjauan Keadilan Substantif

  • Ach. Dlofirul Anam
Keywords: Axiology, Freedom of Judges, Deciding Case, Substantive Justice

Abstract

This paper is an attempt to present an answer from the anxiety of this nation's element towards the quality of judges' decisions in court which tend to be rigid and positivist. This paper uses the conceptual-library method related to the freedom of judges to decide cases in court. As a conceptual offer, the author uses the axiological foundation in the branch of philosophy with the theory of legal purpose accompanied by substantive justice, in order to provide a new perspective on the direction of the judge's freedom in deciding cases. This decision is an effort and a control system for the freedom of judges in interpreting regulations and cases in judicial practices that tend to be misused. This type of research is a normative conceptual paper with a descriptive approach
Published
2020-01-03
Section
Articles