Hakim dalam Jubah Peradilan: Sebuah Studi Pustaka

Abstract

Judges are government officials who are representatives of the state, while law (supposedly) is the basis of that state. Because judges who arbitrarily state the law incorrectly or even deliberately twist it will hurt the community's sense of justice which in turn will become a source of social anomalies and will ultimately disrupt the country. Judges who twist the law in decisions, in addition to corrupt government officials, are the main factor in people's disobedience to positive law, judicial power or judicial power is the back gate guard of the state which intercepts all actions that are contrary to positive law so that violations of the law or evil cannot escape impunitively and escape the last bastion of 'justice'. The aim of this research is to find out and analyze how the concept of justice can be used as a reference for judges as guardians of the final bastion of determining justice. The type of research used is normative legal research with a Statute Approach, a Case Approach and a Conceptual Approach. The collection of legal materials was carried out using the library research method and the data obtained was analyzed qualitatively. The research results show that there are several concepts of justice that can be used as a reference to determine the benchmark for a fair court decision, one of which is the theory of justice by John Rawls.

Keywords:  Judge in Judicial Robes, Judicial Robes, Judge