PRINSIP INDEPENDENSI HAKIM DALAM MEMERIKSA, MENGADILI DAN MEMUTUS PERKARA

MASKUR HIDAYAT (2019) PRINSIP INDEPENDENSI HAKIM DALAM MEMERIKSA, MENGADILI DAN MEMUTUS PERKARA. Disertasi thesis, Universitas Airlangga.

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Abstract

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.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK Dis H 44/19 Hid p
Uncontrolled Keywords: Independence, Judges, Examining, Adjudicate and Deciding Cases.
Subjects: K Law
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsNIM
MASKUR HIDAYATNIM031317017308
Contributors:
ContributionNameNIDN / NIDK
Thesis advisorDidik endro purwoleksonoNIDN0025036204
Depositing User: Unnamed user with email indah.fatma@staf.unair.ac.id
Date Deposited: 26 Dec 2019 03:54
Last Modified: 26 Dec 2019 03:54
URI: http://repository.unair.ac.id/id/eprint/93145
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