KEBEBASAN HAKIM DALAM MEMUTUSKAN PERKARA PERDATA Dl PENGADILAN NEGERI
Abstract: This study is aimed
to explain the freedom ofjudges to decide legal cases. The importance of the study
is based on not only the fact of the existence of different decision on similar
case, but also the difficulty ofexplaining in anapproach which constitutes the
character ofcivil law system. Relation that, the legal issuesof this study
areas follows: how is the design ofjudge's freedom and it's reality at deciding
private case concerning substantive law orlegalprocedure in Indonesia? How
dojudges make the law as implementing ofjudge's freedom? Basedon these issues,
this study use doctrinal andnondoctrinal re search method. This studyfind out
that judge's freedom is anomalous. Ifs mean that the anomaly can not be ex plained
relating to civil lawsystemparadigm. Actually, given wide judge's freedom in
Indonesia. Further more, ithappened shift from "collective freedom"
to"personalorindividual freedom" for making a decision relating tobe
transplanted dissenting opinion principle is notparallel with Indonesia
legalorder. It is difficult to implement thedissenting opinion as the basis
ofjudge's decision, in spiteof lackof conceptual under standing, legal theories
orreference to explore the different opinion. In relation to take decision,
judges may to make the law than just legal finding. It is actually uncommon in
civil lawsystem. Unfortunately, space for law making is not followed by
profesional capacity. Therefore, it is ironical thing relating to "anomaly
freedom."
Keywords: judge's freedom,
judge decision, and court
Penulis: Benny Riyanto
Kode Jurnal: jphukumdd080105
