法官在保障法律确定性和正义中的作用——对印尼刑事案件中司法独立原则适用的分析

Vivi Ariyanti
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引用次数: 0

摘要

一个基于法律的国家的责任和义务是保护公众免受一切可能的犯罪,从而使国家具有预防和镇压犯罪的作用,这与国家实施刑法作为保护公众的工具是分不开的。然后,国家提供刑事制裁的权力被委托给在一个被称为刑事司法系统的系统中工作的执法人员。刑事司法制度本身受到社会环境和人类生活领域的强烈影响。因此,刑事司法系统始终与其环境和刑事司法系统本身的子系统相互作用、相互联系、相互依存。在实施刑事司法制度中起着重要作用的辅助子系统之一是法院,它由法律授权的法官组成。法官作为法律领域的权威,在履行其职责时享有作为一种独立形式的自由。这种独立性并不意味着法官可以免除一切义务和责任,但法官的独立性具有其作为维护正义的道德责任的承担者而存在的意义。本文讨论了法官在保障法律确定性和社会正义方面的作用,特别是在处理刑事案件方面。本文从规范和哲学的角度分析了印尼刑事司法系统中司法独立原则在刑事案件审判中的运用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Role of Judges in Guaranteeing Legal Certainty and Justice: An Analysis to the Application of Judicial Independence Principle in Criminal Cases in Indonesia
The duty and obligation of a state based on law is to provide protection for the public from all possible crimes, so that the state has a role in conducting prevention and repression of crime, and this cannot be separated from the implementation of criminal law by the state, as a tool to protect the public. The authority of the state to provide criminal sanctions is then delegated to law enforcement officers working in a system known as the Criminal Justice System. The criminal justice system itself is strongly influenced by the community environment and the field of human life. Therefore, the criminal justice system will always experience interaction, interconnection, and interdependence with its environment and sub-systems of the criminal justice system itself. One of the supporting sub-systems that have a very important role in implementing the criminal justice system is the court, which contains judges who are authorized by law to adjudicate. Judges in their capacity as authorities in the legal field have freedom as a form of independence in carrying out their duties. This independence does not mean that judges are freed from all obligations and responsibilities, but the independence of judges has the meaning of their existence as bearers of moral responsibility for upholding justice. This paper discusses the role of judges in ensuring legal certainty and justice in society, especially in handling criminal cases. This paper uses normative and philosophical analysis to the application of judicial independence principle in adjudicating criminal cases in the Indonesian criminal justice system.
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