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Journal articles on the topic 'Judge's decision'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Hasibuan, Raja Alamsyah, Ansari Ansari, and Jamil Jamil. "Considerations of Judges of the Binjai Religious Court in Determining the Status of the Missing Defendant in Divorce Cases in the Perspective of Progressive Legal Theory." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 9, no. 1 (2024): 157. http://dx.doi.org/10.29300/mzn.v9i1.2892.

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This study examines the considerations of religious court judges in determining the time limit for assessing the status of the occult defendant in a divorce case. The research problem lies in the differences between the decisions of the judges and the Compilation of Islamic Law and the opinions of the fiqh scholars. This study analyzes the judge's findings and considerations in the divorce case, contesting Decision Number 331/Pdt.G/2022/PA Bji and Decision Number 346/Pdt.G/2022/PA. Bji and a progressive legal review of the judge's considerations. This type of research is qualitative with a nor

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2

Guterres, Deny Susilo, Deddy R. CH. Manafe, and Rosalind Angel Fanggi. "Comparison of Judge's Decisions Regarding the Crime of Murder." Indonesian Journal of Contemporary Multidisciplinary Research 3, no. 3 (2024): 505–22. http://dx.doi.org/10.55927/modern.v3i3.9200.

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The judge's considerations are one of the most important aspects in determining the realization of the value of a judge's decision which contains justice and legal certainty, besides that it also contains benefits for the parties concerned so that the judge's considerations must be addressed carefully, well and carefully. The formulation of the problem in this research is, How does the Judge's Decision Compare with the Crime of Murder? This research uses normative juridical legal research methods. The data collection technique is based on the type of approach in this paper, namely the statutor

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3

Amarini, Indriati. "IMPLEMENTATION OF JUDICIAL ACTIVISM IN JUDGE’S DECISION." Jurnal Hukum dan Peradilan 8, no. 1 (2019): 21. http://dx.doi.org/10.25216/jhp.8.1.2019.21-38.

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The task of the judge in realizing justice is inseparable from the decisions that are made. A qualified judge's decision is obtained through the judge's thought process through a choice of judges that reflects judicial activism. The problem in this research is how judicial activism is used by judges in issuing decisions and how the implementation of judicial activism in decision making. Judicial Activism is the choice of decision making by judges in order to realize justice. Judicial activism in the Indonesian judicial system is regulated in Article 5 paragraph (1) of Law Number 48 of 2009 con

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4

Andi Hakim Lubis. "Initiating The Paradigm Of Transitive Legal Consideration An Endeavor To Maintain The Dignity Of Judges Through Decisions." Judex Laguens 2, no. 3 (2024): 382–98. https://doi.org/10.25216/ikahi.2.3.12.2024.382-398.

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The public places great expectations on the shoulders of judges and our judicial system. Because one of the essential instruments in law enforcement for justice seekers can be obtained through judges' decisions, a judge's decision in an epistemological perspective is a struggle of a judge's thoughts, both with his heart and conscience, logic, and other judges in his environment. The judge's decision has the power to transfer ownership, revoke freedom, limit arbitrariness, and even more fundamentally eliminate a person's right to life. Such a fundamental authority should be exercised in the rig

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Kristiani, Krista, and Ahmad Syaufi. "Acquittal in corruption crime case at the Palangkaraya corruption court." International Journal of Judicial Law 3, no. 3 (2024): 24–28. http://dx.doi.org/10.54660/ijjl.2024.3.3.24-28.

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Before a decision is handed down, the judge's considerations must be truly convincing according to the law because if the judge does not have confidence or has doubts in deciding the case, then the judge is obliged to acquit the defendant. However, if the judge makes a mistake in handing down an acquittal or acquitting a guilty person, then the judge will be faced with juridical responsibility for having made a mistake in applying the law. One of the acquittal decisions handed down by the Panel of Judges in a criminal corruption case is the Decision of the Corruption Crime Court at the Palangk

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Lubis, Andi Hakim, Ariman Sitompul, Serimin Pinem, Rizkan Zulyadi, and Fahrizal Siagian. "Looking for Legal Justice: Criticizing the Verdict of Nomor 37/Pid.Sus/2020/PN.Ttn Tapak Tuan District Court on Domestic Violence." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 11, no. 1 (2024): 86–100. http://dx.doi.org/10.32505/qadha.v11i1.8591.

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This study was conducted to examine a judge's decision in a criminal case of domestic violence against a child, with the goal of analyzing how the judge's decision was consistent with Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Qanun Number 9 of 2019 concerning the Implementation of Handling Violence Against Women and Children, while also taking into account moral aspects and benefits. This research is a doctrinal study that uses a case study approach to criticize judicial rulings. The objective of this approach is to examine court rulings, namely the Tapak Tuan D

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Prasetyo, Yogi, Ferry Irawan Febriansyah, Alfalachu Indiantoro, Aries Isnandar, and Ucuk Agiyanto. "Analysis of the Reasons for the Judge's Decision Which Relieves Defendants in Corruption Cases." Jurnal Jurisprudence 12, no. 1 (2022): 46–70. http://dx.doi.org/10.23917/jurisprudence.v12i1.1008.

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Purpose of the study: This research article aims to explain the analysis of several reasons for the judge's decision which is considered to lighten the defendant in corruption cases in Indonesia. Methodology: This study used a normative research method with a philosophical approach. Results: The results of this study indicate that judges continue to impose light sanctions on state officials who are accused of corruption cases for various reasons that can be taken into consideration. The following is an analysis of some of these reasons: have never been punished; be honest and be kind; have fam

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I Komang Sanju Bayu Mustika, Made Sugi Hartono та Ni Ketut Sari Adnyani. "ANALISIS YURIDIS TERHADAP DISPARITAS PUTUSAN HAKIM YANG PELAKUNYA MENGALAMI SKIZOFRENIA (Studi Putusаn Nomor: 94-K/PM.II09/АD/V/2016 dan Putusаn Nomor: 109-K/PM.III 12/АL/VI/2017)". Jurnal Ilmu Hukum Sui Generis 3, № 3 (2023): 90–101. https://doi.org/10.23887/jih.v3i3.2604.

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This study aims to analyze and examine the disparity in the decisions of judges whose perpetrators have schizophrenia. In order to answer the formulation of the problem in this study, the normative legal research method was used, namely research conducted by examining two similar judge's decisions. In this study, it examines the disparities of two similar judges' decisions whose perpetrators have schizophrenia. Through this research method, the results are obtained that criminal responsibility for people with mental disorders is regulated in article 44 of the Criminal Code. However, even thoug

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9

Dwithia H.P., Zora Febriena. "Putusan Uitvoerbaar bij Voorraad: Rasionalisasi Hakim dan Implikasi Hukumnya." Widya Yuridika 7, no. 2 (2024): 367–82. http://dx.doi.org/10.31328/wy.v7i2.5021.

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An immediate decision or a decision that can be implemented first (Uitvoerbaar bij Voorraad) is a judge's decision that can be implemented (executed) even though it has not yet obtained permanent legal force. Usually, the implementation of a decision or execution can only be carried out if it has passed the time frame given by the court to file a legal remedy that is against the judge's decision at the first level within 14 days after the decision is read or notified. If within that time frame the losing party does not file any legal remedies, then the decision of the District Court can be imp

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10

Efrinaldi, Efrinaldi, Jayusman Jayusman, Aris Margono, Andi Eka Putra, and Mahmudin Bunyamin. "PROTECTION OF WIFE’S RIGHTS AFTER A CONTESTED DIVORCE (Analysis of Judge's Decision Number: 143/Pdt.G/2014/PA.Sgm)." Ijtimaiyya: Jurnal Pengembangan Masyarakat Islam 17, no. 1 (2024): 191. http://dx.doi.org/10.24042/ijpmi.v17i1.21354.

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The research discusses the considerations of judges at the Sungguminasa Religious Court regarding fulfilling the rights of wives after divorce, decision Number: 143 /Pdt.G/2014/PA.Sgm. It is generally accepted that in contested divorce cases, there are no rights to the wife after the divorce. The judge's decision that was accepted usually only granted the divorce petition. Judges usually did not grant it if there were claims for their rights and the rights of children post-divorce in the lawsuit. This research question is: What is the progressive legal analysis of the judge's considerations in

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Muhrim, Cantika W., Sherly Adam, and Elias Zadrach Leasa. "Pertimbangan Hukum Hakim Terhadap Kesaksian Yang Meringankan Dalam Tindak Pidana Pemerkosaan." TATOHI: Jurnal Ilmu Hukum 2, no. 10 (2022): 1033. http://dx.doi.org/10.47268/tatohi.v2i10.1442.

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Introduction: The judge's legal considerations are one aspect of realizing the value of a judge's decision that contains justice and contains legal certainty. In deciding a case the judge must consider the juridical, sociological and philosophical truths.Purposes of the Research: Analyze and discuss the judges legal considerations against the mitigating testimony based on the decision of the district cour No. 396/Pid.B/2019/Pn.Amb)”. analyze and discuss the imposition of sanctions against the crime of rapoe based on decision No. 396/Pid.B/2019/Pn.Amb)”. Methods of the Research: This research u

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12

Adiem, Muhammad, Husnul Yaqin, Moh Wahib, and Athoillah Islamy. "Dimensi Maqasid Syariah dalam Putusan Hakim Atas Perkara Cerai Gugat di Pengadilan Agama Jayapura." Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum 20, no. 2 (2022): 197–211. http://dx.doi.org/10.32694/qst.v20i2.2373.

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This study is intended to look at the dimensions of maqashid sharia in the judge's decision at the Jayapura Religious Court. This aspect of maqasid sharia is important to look at considering that so far there has often been an assumption that judges' decisions in religious courts in Indonesia do not take this aspect into account. This study is a normative-empirical legal study with the type of judicial case study. The data source for this research is the judge's decision at the Jayapura Religious Court number 297/Pdt.G/2021/PA.Jpr. This study shows that the judge's decision at the Jayapura Rel

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13

Adam, David Bani. "Pertimbangan Hukum Putusan Bebas Pada Perkara Tindak Pidana Korupsi (Studi Kasus Pada Perkara Nomor: 19/Pid.TPK/2021/PN.SMG)." Kosmik Hukum 22, no. 2 (2022): 147. http://dx.doi.org/10.30595/kosmikhukum.v22i2.14152.

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The purpose of writing this article is to find out how the legal considerations of judges' decisions in cases of corruption are acquitted (vrijspraak) Case number: 19/Pid.TPK/2021/PN.SMG based on the Criminal Procedure Code. The method in this study uses a normative legal research method using a law approach. concluded1. The types of judge's decisions in cases of criminal acts of corruption based on the Criminal Procedure Code are free and free from all lawsuits or criminal charges. The judge's verdict is free if it is not proven legally and convincingly that the defendant is guilty of committ

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14

Islamy, Athoillah, and Muhammad Abduh. "PUTUSAN HAKIM ATAS PEMENUHAN HAK-HAK ISTRI PADA KASUS CERAI GUGAT DALAM PERSPEKTIF CEDAW." HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan 1, no. 2 (2023): 51–62. http://dx.doi.org/10.53491/hunila.v1i2.535.

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This study aims to identify the dimension of gender justice in the judge's decision on the divorce case in the Tasikmalaya City Religious Court Decision No. 2000/Pdt. G/2021/PA Tmk which requires the husband (defendant) to pay 'iddah, mut'ah, and madhliyah to the wife (plaintiff). This normative-empirical legal research uses a philosophical approach. The principle of gender equality in CEDAW becomes the theory of analysis of the subject matter of this study. The results of the study show that there is a dimension of gender justice in the judge's decision at the Tasikmalaya City Religious Court

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15

Fitriyani, Fitriyani. "SENSIVITAS GENDER HAKIM BANDING DALAM PUTUSAN KEKERASAN DALAM RUMAH TANGGA." Mozaic : Islam Nusantara 7, no. 2 (2021): 107–30. http://dx.doi.org/10.47776/mozaic.v7i2.262.

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This study found that judges' sensitivity to gender issues was still low in the Religious High Court, especially in deciding cases related to husband and wife issues. This is due to the judge's understanding of legal sources and the ability of judges to use legal logic which is still gender-biased. This research is a qualitative study (library research) with descriptive-analytical character, using a juridical approach and a gender approach, in which the researcher will describe and analyze according to the data obtained, in relation to court decisions regarding Domestic Violence (KDRT) using t

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16

Simanjuntak, Naek Pamen, Budi Santoso, and Joko Setiyono. "Legal Problems and the Ideal Concept of Civil Executions in Indonesia." International Journal of Law and Politics Studies 4, no. 2 (2022): 41–50. http://dx.doi.org/10.32996/ijlps.2022.4.2.6.

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This study aims to analyze the execution or implementation of judge decisions in civil cases carried out against judges' decisions with permanent legal force. Execution can be carried out voluntarily or by force. The implementation of the judge's decision is voluntarily carried out directly by the losing party without court intervention. In practice, the losing party is not willing to carry out the judge's decision voluntarily, so it is carried out by force through the District Court, which decides the case. Barriers to execution include unclear execution objects, having moved into the hands o

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17

Reni, Ayu Wulandari, and Prasetyo Handoyo. "Disparity of Sentence Determination by Judges Regarding Decisions Below the Minimum in Narcotics Crimes." International Journal of Social Science and Human Research 07, no. 05 (2024): 3311–27. https://doi.org/10.5281/zenodo.11379505.

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This research aims to explain differences in judges' decisions regarding the imposition of sentences below the minimum in narcotics offense cases. The main focus of this research is the judge's thoughts when adjudicating narcotics cases which causes inequality in sentencing and determining appropriate sentencing criteria that the judge can take into consideration so that there is no inequality in punishment in the future. Inequality in sentencing has the meaning of giving different sentences to convicts in cases that are similar or almost similar in terms of the level of crime, whether they ar

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18

Emmilia Rusdiana, Pudji Astuti, Gelar Ali Ahmad, Vita Mahardhika, and Nurul Hikmah. "Case manipulation of football match score by the referee in the framework of fulfilling sports purposes." Technium Social Sciences Journal 50 (November 1, 2023): 26–31. http://dx.doi.org/10.47577/tssj.v50i1.9862.

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The manipulation of football match scores in Indonesia is familiar and continues to increase. The settlement of the case in the judge's decision was based on two criminal acts, namely the crime of fraud (Article 378 of the Criminal Code) and bribery (UU No. 11 of 1980). It is stated in several judge's decisions, including in Judge's Decision No.31/Pid.Sus/2020/PN.Smd and Judge's Decision No.48/Pid.Sus/2019/PN BNR. Manipulation of match scores as an attempt to violate the goals of the sport of football. This research aims to verify cases of match score manipulation by referees in realizing spor

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19

Khalid, Hasbuddin, Humaera, Sufirman Rahman, and Hardianto Djanggih. "Legal Reasoning Judge's Decision in Civil Cases." Journal of Law and Sustainable Development 12, no. 1 (2024): e2544. http://dx.doi.org/10.55908/sdgs.v12i1.2544.

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Introduction: Civil Procedure Law is a legal regulation that regulates how to ensure compliance with material civil law through the mediation of a judge. If there is a person or several people who feel that their rights have been violated or have caused harm to them, then they can file a claim for their rights through the court. Objective: This research aims to know, understand, and discover the nature of legal reasoning (legal reasoning) regarding a Judge's decision in a civil case and to know, understand, and discover the juridical position of legal reasoning (legal reasoning) regarding the

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20

Turnip, Johannes Mangapul, Juliana Priska Dewi Sagala, Hellen Br Sembiring, and Sukses Marhasak Panungkunan Siburian. "ANALISIS YURIDIS TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DI LAKUKAN OLEH ANAK DI BAWAH UMUR." Ilmu Hukum Prima (IHP) 7, no. 1 (2024): 118–24. http://dx.doi.org/10.34012/jihp.v7i1.5374.

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This research aims to juridical analysis of the crime of premeditated murder committed by a minor, with a focus on the study of the judge's decision. Committed by minors, with a focus on the study of the judge's decision. The research This research uses normative and empirical legal research methods by analyzing judges' decisions related to premeditated murder cases. Analyzing judges' decisions related to premeditated murder cases involving minors. cases involving minors. Through a normative approach, this research examines the legal framework governing juvenile criminal offenses, particularly

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Ardigita Pramesti, Syahnaz, Marlia Sastro, and Budi Bahreisy. "Analysis Of Judges' Decisions In Unlawful Causes Of Land Cultivation Without Permits (Study of Decision Number 23/Pdt.G/2020/PN Kis)." Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 2 (December 27, 2022): 00020. http://dx.doi.org/10.29103/micolls.v2i.92.

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This research examines the analysis of the judge's decision in the case of unlawful acts of cultivating land without a permit (Study of Decision No. 23/Pdt.G/2020/Pn.Kis) in accordance with Article 1365 concerning Unlawful Acts. The formulation of Article 1365 of the Civil Code is "any unlawful act, which causes harm to other people, obliges the person who because of the mistake of issuing the loss, compensates for the loss". The purpose of this study was to find out the judge's consideration of the decision Number 23/Pdt.G/2020/PN Kis and to find out the legal consequences of the decision Num

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Fuady, Muhammad Ikram Nur. "Siri' Na Pacce Culture in Judge's Decision (Study in Gowa, South Sulawesi Province)." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 3 (2019): 241. http://dx.doi.org/10.25041/fiatjustisia.v13no3.1684.

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Manimbohoi Village in Gowa District is part of the Makassar tribe who still hold the Siri' na Pacce culture that highly upholds shame, honour, dignity, and togetherness as Adat Law. During this time, there is often a difference between the Traditional Law of Siri' Na Pacce and Indonesian Positive Law in upholding the material values of criminal acts, so that judges' decisions are difficult to accept by local communities. This study aims to determine the influence of the culture of Siri na Pacce' regarding the judge's decision in constructing the criminal offences committed by residents of Mani

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Basir, Rohrohmana. "The Criminal Act of Dissemination of Fake News via Social Media in the Perspective of Individualization of Criminal." International Journal of Social Science and Human Research 07, no. 10 (2024): 7356–61. https://doi.org/10.5281/zenodo.13881034.

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This study focuses on 2 (two) main issues. First, how is the judge's decision considered based on the perspective of individualization of punishment? The second main issue is the factors that influence the judge's decision based on the perspective of individualization of punishment for the crime of spreading false news through social media. The implementation of the perspective of individualization of punishment in the Decision of the Jayapura Class IA District Court Number 16/Pid.B/2020/PN Jap is implied in 6 (six) main points of the judge's consideration, namely (1) the indictment and crimin

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Mendrofa, Finsensius Fitarius, Agus Budianto, and Elisabeth Ryanthie Maya Puteri. "Legal Consequences of the Judge's Error by Not Including Court Evidence in a Decision." Journal of Posthumanism 5, no. 6 (2025): 4037–48. https://doi.org/10.63332/joph.v5i6.2576.

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The establishment of the Judicial Commission of the Republic of Indonesia (external supervisory body) as a state institution is mandated by Article 24B of the 1945 Constitution. Law No. 22 of 2004 on the Judicial Commission was enacted to fulfill this mandate, as amended by Law No. 18 of 2011 on Amendments to Law No. 22 of 2004 on the Judicial Commission. To exercise its authority, namely to uphold and maintain the honor, dignity, and conduct of judges, the Judicial Commission adheres to the Code of Ethics and/or Guidelines for Judicial Conduct (KEPPH). In practice, the judge considers the dec

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Mulyono, Adhi Wirawan, Jonny Simamora, and Edra Satmaidi. "MEASUREMENT OF THE QUALITY OF STATE ADMINISTRATIVE JUDGE DECISIONS IN DISPUTE SETTLEMENT IN STATE ADMINISTRATIVE COURTS." Bengkoelen Justice : Jurnal Ilmu Hukum 12, no. 2 (2022): 107–16. http://dx.doi.org/10.33369/jbengkoelenjust.v12i2.25033.

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The quality of the decisions handed down by judges can be seen from the ratio decidendi or legal arguments given by the judges themselves. Before the judge decides to answer the plaintiff's demands, the judge first makes the basics of legal considerations containing legal arguments or reasons to arrive at a decision finally. Article 109 paragraph (1) of Law Number 5 of 1986 concerning the State Administrative Court stipulates that one thing that must be included in a judge's decision is the legal reason that forms the basis of the decision. The method used in this research is the empirical leg

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Pradikta, Hervin Yoki, F. Faisal, Erina Pane, and Evi Muafiah. "THE PARADIGM OF JUDGE'S THOUGHTS IN THE SETTLEMENT OF ISLAMIC INHERITANCE CASES AND THEIR IMPLICATIONS ON FAMILY LAW RENEWAL IN INDONESIA (Study on Supreme Court Decision Number 721 K/Ag/2015, Supreme Court Decision Number 218 K/Ag/2016, and Supreme Court Decision Number 331/K/AG/2018)." SMART: Journal of Sharia, Traditon, and Modernity 1, no. 2 (2021): 161. http://dx.doi.org/10.24042/smart.v1i2.11037.

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Judges do not only act as mouthpieces of the law and carry out normative and procedural laws and regulations, but also promote a sense of justice in the community. Several Supreme Court decisions such as Supreme Court Decision Number 721 K/Ag/2015, Supreme Court Decision Number 218 K/Ag/2016, and Supreme Court Decision Number 331/K/AG/2018, have illustrated the existence of progressive ijtihad that does not only adhere to positivistic legal reasoning but also to progressive legal reasoning by using the legal discovery method in the form of legal interpretation with a philosophical, empirical a

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Komalasari, Rita, Nurhayati Nurhayati, and Cecep Mustafa. "KEADILAN BAGI PENYALAHGUNA NARKOTIKA DI INDONESIA." Arena Hukum 14, no. 3 (2021): 479–99. http://dx.doi.org/10.21776/ub.arenahukum.2021.01403.4.

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This article presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that justice is presented as conditional, depending on various influencing factors that are primarily, though not entirely, one of tensio

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Iwannudin, Iwannudin. "Judges' Considerations in Deciding on Marriage Dispensation Cases at Religious Courts in Lampung Province, Indonesia." SMART: Journal of Sharia, Traditon, and Modernity 4, no. 2 (2024): 107. https://doi.org/10.24042/smart.v4i2.24534.

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This article discusses the granting of marriage dispensation which is given in order to provide legal certainty to conduct marriages outside the age limit of marriage. While some sources state that marriage at a young age has a negative impact. The purpose of this article is to analyze the basis of the judge's argument in deciding the marriage dispensation case from a benefit perspective. This article is a field research, by examining the decisions of judges at the Religious Court in Lampung Province in 2022, primary sources are then analyzed qualitatively, analyzed based on the theory of lega

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Nasir, Muh. "Review of Ratio Decidendi, the Public Prosecutor's Demands in Ultra Petita Against Criminal Law Enforcement in Indonesia." Pena Justisia: Media Komunikasi dan Kajian Hukum 24, no. 1 (2025): 155–73. https://doi.org/10.31941/pj.v24i1.5858.

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Ratio Decidendi Hakim in deciding cases that are Ultra Petita in criminal law enforcement in Indonesia. Ultra Petita is a judge's decision that decides outside of the Public Prosecutor's indictment, while the background for writing this thesis is Ultra Petita's decision which is contrary to Article 182 Paragraph (4) of the Criminal Procedure Code which states that the Judge's deliberations in his decision must be based on the indictment and everything that has been proven in the trial and in the rules of Article 183 of the Criminal Procedure Code states that the Judge in deciding the case is b

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Rian Prayudi Saputra, Khairul Hidayatullah, Abdurrahman, Alfia Roza, Fabrizio, and Resky. "Analisis Psikologis terhadap Perilaku Hakim dalam Mengambil Keputusan." Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial 2, no. 3 (2025): 414–21. https://doi.org/10.70292/pchukumsosial.v2i3.99.

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This article aims to provide an in-depth understanding of the psychological challenges judges face in decision making, as well as their impact on individuals, society and the legal system. The method used is a literature review that analyzes theories, research and related references to evaluate cognitive, emotional and social factors that influence judge behavior. The discussion shows that cognitive bias, emotional stress, and external influences can influence a judge's objectivity, while experience and education play an important role in making fair decisions. Judges' decisions have significa

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Wahyudi, Popy Maharani, Didi Hilman, and Nisa Lestari. "Decision On The Crime Of Premeditated Murder (Study Of Decision Number 143/Pid.B/2019/Pn Cbi)." JURNAL MAHASISWA YUSTISI 2, no. 3 (2024): 18–21. https://doi.org/10.32832/jurmayustisi.v2i3.1205.

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Decision on the Crime of Premeditated Murder (Study of Decision Number 143/Pid.B/2019/Pn.Cbi), Popy Maharani Wahyudi, NPM: 201103011238. The crime of premeditated murder is a serious criminal offense and affects social justice. In this context, it is important to understand the suitability of court decisions with the applicable law and the judge's consideration of the defendant. This study aims to analyze the suitability of court decisions against perpetrators of premeditated murder in Bogor with the applicable law and also to find out the Judge's consideration of defendants who committed prem

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Hidayah, Nur Putri, Galih Wasis Wicaksono, Christian Sri Kusuma Aditya, and Yuda Munarko. "Artificial Intelligence and Quality of Composition Verdicts in Indonesia: Lessons from New Zealand." Journal of Human Rights, Culture and Legal System 4, no. 1 (2024): 101–20. http://dx.doi.org/10.53955/jhcls.v4i1.175.

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The quality of the decision is not only related to the judge's considerations but also its suitability to the composition of the decision so that the resulting decision is not easily overturned at the level of legal action and increases public confidence in the judicial institution. This research aims to analyze the quality of judges' decisions in Indonesia in terms of the composition of the decision texts that have been made. This research uses normative legal research methods, a statutory approach, and a comparative approach. The study results show that decisions are not based on the structu

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Najla, Siti, Ali Abubakar, and Yenny Sri Wahyuni. "The Effect of Rejection of Itsbat Nikah on Inheritance (Study of Judges' Legal Considerations Number: 124/Pdt.G/2023/MS.Bna)." El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law 4, no. 2 (2024): 140–53. https://doi.org/10.22373/hadhanah.v4i2.5976.

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This research aims to explain judges' legal considerations from the perspective of procedural and substantive justice. This is because the decision 124/Pdt.G/2023/MS.Bna, which was a case where the application for a marriage registration was rejected and caused problems with the purpose of the marriage ceremony, thus affecting the position of the parties before and after the decision. In this research the author used qualitative research methods and a normative juridical approach, namely by examining the judge's decisions (content analysis). The judge's legal considerations are analyzed using

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Imran, Suwitno Yutye. "The Urgency of Regulation of the Ultra Qui Judicat Principle in Criminal Judgments." Jambura Law Review 3, no. 2 (2021): 395–410. http://dx.doi.org/10.33756/jlr.v3i2.11154.

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There is a provision for the judge not to impose a sentence on the defendant if the act is not described carefully, clearly, and ultimately in the public prosecutor's indictment. However, in practice in the court, some judges deviate from the articles charged by the Public Prosecutor. Therefore, this article will analyze the urgency of regulating the ultra qui judicat principle in criminal case decisions. The analysis will be carried out using a normative legal research method using a case approach and data sources from laws and regulations, judges' decisions. The analysis results show that th

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Risakotta, Edwin C., Margie Gladies Sopacua, and Leonie Lokollo. "Pertimbangan Hukum Hakim Terhadap Kasus Penelantaran Dalam Rumah Tangga." TATOHI: Jurnal Ilmu Hukum 3, no. 6 (2023): 580. http://dx.doi.org/10.47268/tatohi.v3i6.1817.

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Introduction: The judge's consideration of domestic neglect cases is very important considering that domestic neglect is part of domestic violence.Purposes of the Research: The purpose of this study aims to examine what is the basis for the judge's legal considerations for household investigation cases in the study of decision No. 120/Pid.Sus/2021/PN Amb and review and explain whether the crime given by the judge has had a deterrent effect on the perpetrator.Methods of the Research: The author uses Normative Juridical legal research which obtains data from literature studies in the form of law

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Nasution, Adelina, Pagar Pagar, and Asmuni Asmuni. "The Disparity Of Judge's Verdict On Child Custody Decision In Aceh Sharia Court." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 2 (2022): 890. http://dx.doi.org/10.22373/sjhk.v6i2.12758.

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This article aims to explain the difference in the judge’s ruling (disparity) related to child custody (hadhānah) in the Aceh Sharia Court. This article is field research with a qualitative approach. The research method used is a normative-empirical law phenomenology that compares several judges' verdicts on hadhānah cases in the Aceh sharia court. In addition, it also describes that although Indonesia has the same Islamic legal product (KHI) but in implementation between one Judge and another can produce a different verdict. The disparity of the judge's decision that occurred in some cases in

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Yazid, Imam, Nurcahaya Nurcahaya, and Fikri Al Muhaddits. "CONSIDERATION OF JUDGES OF THE PANDAN RELIGIOUS COURT IN DETERMINING THE STATUS OF THE DEFENDANT / INVISIBLE APPLICANT: MAQASHID AL-USRAH PERSPECTIVE." Jurnal Pembaharuan Hukum 10, no. 2 (2023): 271. http://dx.doi.org/10.26532/jph.v10i2.34111.

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This article aims to find out what the judge considers in determining the status of the defendant/respondent in absentia. Then, the consideration is analyzed using the maqashid al-usrah theory which is part of the maqashid al-syariah study. The judge's consideration referred to here is the consideration of the judge of the Pandan Religious Court, which is limited to occult divorce cases, to be precise Decision Number 33/Pdt.G/2020/PA.Pdn and Decision Number 24/Pdt.G/2020/PA.Pdn. This decision is interesting to discuss, because the entire determination of the invisibility limit in the Pandan Re

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Juniansyah, Edo, and Saipuddin Zahri. "Putusan Hakim dalam Memutus Perkara di Luar Dakwaan Jaksa Penuntut Umum." Jurnal Ilmiah Universitas Batanghari Jambi 24, no. 1 (2024): 39. http://dx.doi.org/10.33087/jiubj.v24i1.3811.

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Judges in deciding cases outside the indictment of the public prosecutor must be based on justice. The formulation of the problems in this study are 1) How is the judge's decision in deciding cases outside the indictment of the public prosecutor? 2) What is the philosophical, sociological and juridical basis for categorizing criminal verdicts outside the indictment of the public prosecutor as a legal formation? The research method used is normative juridical research. The data sources used in this research consist of secondary data. Based on the research results, it shows that 1) The judge's d

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Huda, Nurul, and Khudzaifah Dimyati. "BASE TRANSCEDENTAL VALUE ON JUDGE’S DECISION (Study of Basic Perspective of Pancasila State)." Jurnal Dinamika Hukum 18, no. 2 (2018): 139. http://dx.doi.org/10.20884/1.jdh.2018.18.2.2076.

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Pancasila is the state fundamental norm that is not formed by a higher norm. The highest expectation of justice seekers is fair verdict. The criticisms addressed to the judges persist due to gap between the judge's verdict and the values of justice the public hoped for. Viewed from the philosophical perspective, the first principle is vertical dimension (hablumminallah) while the second one is horizontal dimension (hablumminnas). This paper examines transcendental value in judge's decision. This research uses qualitative approach method through inductive conceptualization approach. The researc

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Lumbantoruan, Gortap, and Eva Julia Gunawati Harianja. "SISTEM PENDUKUNG KEPUTUSAN TINDAK PIDANA PADA PENGADILAN NEGERI LUBUK PAKAM MENGGUNAKAN FUZZY MADM." Majalah Ilmiah METHODA 12, no. 2 (2022): 84–92. http://dx.doi.org/10.46880/methoda.vol12no2.pp84-92.

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The foundation of the judiciary in Indonesia is a judiciary based on Pancasila which places human dignity in its place and carries out the protection and guarantee of human rights. In making a decision, the judge's decision must always be based on a case delegation letter containing all charges for the defendant's guilt. The judge must be able to process and process the data obtained during the trial process in terms of evidence, witness statements, defense of the defendant, as well as prosecutors' demands, and psychological content. The task of legal judges in determining the decision to be h

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Sugiarto, Agus, Asep Hermawan, and Yanto Irianto. "THE AUTHORITY RECONSTRUCTION OF JUDGES IN DETAINING CHILDREN BASED ON THE JUSTICE VALUE." Jurnal Pembaharuan Hukum 10, no. 2 (2023): 316. http://dx.doi.org/10.26532/jph.v10i2.33297.

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The purpose of this study is to determine the Authority Reconstruction of Judges in Detaining Children with the Justice Value. This research uses a normative approach. The resulting research states that the authority of judges including Appellate Judges or High Court Judges in detaining defendants is contrary to the principle of presumption of innocence, detention is the realm of presumption of guilt which can only be used by investigators and public prosecutors, if the judge is burdened with the authority to carry out detention, then The judge is no longer independent, because in his decision

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Hidayat, Syaiful. "Studi Kontraksi Tugas dan Fungsi Hakim di Pengadilan Agama." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 4, no. 2 (2016): 01–14. http://dx.doi.org/10.52431/tafaqquh.v4i2.58.

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A Judge is a key element in the trial. In fact he was identical to the court itself. Similarly, the decision of the court identified with the judge's decision. Therefore, law enforcement and justice lies in the ability of judges in formulating decisions that reflect fairness. With regard to the duties and functions of the judge, in this case the trial judge Religion in Indonesia, which is one element of the law enforcement component directly involved with the legal process will be faced with a dilemma problem. On the one hand, the religious court judge must hold to Irish law. While on the othe

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Amos Aldy Bessie, Reny R. Masu, and Orpa G. Manuain. "Analisis Yuridis atas Putusan Praperadilan Kasus Korupsi Eks Wamenkumham oleh Hakim Pengadilan." JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE 6, no. 2 (2025): 311–21. https://doi.org/10.55606/jass.v6i2.2090.

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Corruption is one of the serious problems currently being faced by many countries in the world, including our country Indonesia. Not only does it harm the country's economy, corruption has also been proven to hinder the development of a country and create social injustice. This study aims to determine the basis for the judge's considerations in granting a pretrial motion by the former deputy minister of law and human rights and than the judge's decision related to the determination of the suspect in the pretrial motion. The method used in this study is normative legal research with a Legislati

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Mantolas, Sebastianus, Supanto Supanto, and Widodo Tresno Novianto. "Causal Factors of Judicial Decisions Disparity on Cases of Violence Against Children." International Journal of Multicultural and Multireligious Understanding 5, no. 5 (2018): 130. http://dx.doi.org/10.18415/ijmmu.v5i5.231.

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Disparity Judge's verdict on crime cases of recent violent against children often happens everywhere, one of them is in Kupang High Court of East Nusa Tenggara. Justice nowadays, generally aimed at the justice holders, in this case, are more specifically aimed at the profession of judges. Then, the approach method used was Normative with analytic thinking which means departing from an event. The research showed that: the factors that are very influential on the judge's decision were the difference of law application between the judge of the state court and the high court judge, so that always

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Andi Muhammad Nasri, Andi Agung Mallongi, Musyfikah Ilyas, and Muhammad Anis. "TINJAUAN HUKUM ISLAM TERHADAP PENETAPAN HADHANAH DALAM MENJAMIN KEBERLANGSUNGAN PENDIDIKAN ANAK DI PENGADILAN AGAMA MAKASAR KELAS IA." Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam 4, no. 2 (2023): 571–87. https://doi.org/10.24252/qadauna.v4i2.27794.

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The subject of this research is the analysis of the judge's decision regarding the determination of hadhanah (custodial rights) in the Makassar Religious Court Class 1A with the object of research decision number 1850 Pdt.G/2014/PA.Mks. The main problem in this research consists of the main problem and 2 sub-problems, namely: 1) How does Islamic law review the imposition of hadhanah to ensure the continuity of children's education in the Makassar Religious Court Class IA? 2) How is the analysis of the judge's considerations in the 1850 Pdt.G/2014/PA.Mks decision in determining the burden of ha

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Liliyana, Dina, and Yusuf Setyadi. "Legal Interpretation of the Constitutional Court on the Deadline Provisions for Imposing Pretrial Decisions Based on Decision Number 66/PUU-XVI/2018." International Journal of Social Health 2, no. 1 (2023): 13–22. http://dx.doi.org/10.58860/ijsh.v2i1.18.

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This research contains a formulation of the problem, namely how the judge's legal interpretation of the deadline for imposing pretrial decisions is based on the Decision of the Constitutional Court of the Republic of Indonesia Number 66/PUU-XVI/2018. This research also aims to: analyze the interpretation of the law by judges regarding the deadline for imposing pretrial decisions based on the Constitutional Court Decision Number 66/PUU-XVI/2018. The research method used is normative legal research, with statutory, conceptual, and case approaches, which are analyzed using qualitative analysis te

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Putri, Sanny Nuyessy, and Ade Adhari. "Legalitas Penjatuhan Sanksi Pidana dalam Putusan No. 378/PID.SUS/2022/PN.SMN ditinjau Berdasarkan Prinsip Ultra Petita." Ranah Research : Journal of Multidisciplinary Research and Development 7, no. 1 (2024): 687–96. http://dx.doi.org/10.38035/rrj.v7i1.1304.

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Ultra Petita Decision refers to a court ruling made by a judge on a matter that was not requested or, in other words, a ruling in which the judge grants more than what was demanded. The judge's basis for issuing a criminal judgment is the indictment. The purpose of this research is to understand and analyze the legality of imposing criminal sanctions in Sleman District Court Decision No. 378/Pid.Sus/2022/PN.Smn and to examine the limitations of a judge's authority in issuing an ultra petita decision. The legal research method used is normative legal research. The approaches employed are the le

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Fatahillah, Zahrul. "Judge's Consideration In Deciding The Amount Of Child -Deported Child Caring Costs In Decision Number 266/PDT.G/2023/MS.BNA AND 267/PDT.G/2023/MS.BNA." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 15, no. 1 (2025): 110. https://doi.org/10.22373/dusturiyah.v15i1.23176.

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Children have the right to get a living after the divorce from their parents, but the Marriage Law does not determine the amount. As a result, the panel of judges in decision Number 266/Pdt.G/2023/MS.Bna determined Rp. 1,000,000 and in decision Number 267/Pdt.G/2023/MS.Bna the amount was Rp. 1,500,000. This study aims to analyze the basis for the judge's considerations in determining the amount of post-divorce child support and a juridical review of the two decisions. This research includes juridical research. The primary legal material is the Marriage Law, decision Number 266/Pdt.G/2023/MS.Bn

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Ekapaksi, Linggar, and A. M. Hasan Ali. "PERTIMBANGAN HAKIM DALAM PUTUSAN KASUS ASURANSI SYARIAH." Paradigma 19, no. 2 (2022): 25–40. http://dx.doi.org/10.33558/paradigma.v19i2.4571.

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This study aims to determine and analyze the judge's considerations in the case of sharia insurance cases in the Religious Courts in Decision Number 426/Pdt.G/2021/PA.JS as well as knowing what factors encourage a judge in deciding sharia insurance cases.This study uses a qualitative method using a normative juridical approach. The source of data used in this study is primary data in the form of a copy of Decision Number 426/Pdt.G/2021/PA.JS obtained from the Directory of Decisions of the Supreme Court of the Republic of Indonesia. Secondary data in this study is in the form of data that suppo

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Yudhanto, Dimas, Riswan Munthe, and M. Citra Ramadhan. "Penegakan Hukum Terhadap Tindak Pidana Judi Togel Sidney di Kota Medan." ARBITER: Jurnal Ilmiah Magister Hukum 6, no. 2 (2024): 232–46. https://doi.org/10.31289/arbiter.v6i2.5335.

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This research aims to analyze law enforcement and the judge's considerations in handing down criminal decisions against perpetrators of Sidney gambling crimes in the Medan District Court decision Number 1293/Pid.B/2024/PN Mdn. Law enforcement of criminal acts of gambling shoul be carried out by considering every law and regulation. The research method used is normative juridical with data collection through library research in the form of books and legal journals and criminal regulations. Based on the research results, it was found that the enforcement of punishment in handing down criminal de

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