法官在印尼法律理念中的地位

Moh. Mujibur Rohman, Elladdadi Mark, Kailie Maharjan
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摘要

背景。法官是由法律授权进行审判的州司法官员。法官在印尼的司法秩序中扮演着非常重要的角色。如我们所知,印尼的政府制度坚持trias politica,即立法机构,在这里是立法机构,行政机构,即政府及其内阁,最后是司法机构,即司法机构。本文的写作离不开研究方法的名称,因为在科学写作中,研究方法是一种必要的东西,是研究结果完善和有效的条件。除了政府制度外,众所周知,印度尼西亚的法律制度遵循欧洲大陆的法律制度,法律将以法律为基础,或被称为“法律在册”。法律问题日益复杂,司法执法者(即法官)受到许多法律中没有发现的问题的打击。法官必须根据法律作出决定,另一方面,他们不能缺席他们的裁决职业,然而,他们必须为了正义和人类真理而作出决定。在本文中,作者试图通过使用定性和规范(理论)方法作为一种研究方法来撰写文章,解释法官在寻找法律方面的立场。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Position of Judges in the Indonesian Legal Idea
Background. Judges are state judicial officials authorized by law to adjudicate. The role of judges is very important in the judicial order in Indonesia. Purpose. As we know, the Indonesian government system adheres to the trias politica, namely the legislative body as the legislator in this case the DPR, the executive body, namely the government and its cabinet and finally the judicial body, namely the judiciary. Method. The writing of this article cannot be separated from the name of the research method, because in scientific writing the method is a necessity which is the perfect and effective condition of a research result Results. In addition to the government system, the Indonesian legal system is known to follow the European-Continental legal system where the law will be based on the law or what is known as "law in book". Legal issues that are increasingly complex corner the enforcers of justice (read judges) are hit by many problems that are often not found in the law. Judges who must decide based on the law and on the other hand they cannot be absent from their profession in adjudicating, however they must decide for the sake of justice and human truth. Conclusion. In this article, the author seeks to explain the position of judges in finding law by writing articles using a qualitative and normative (doctrinal) approach as a type of research.
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