怎样才能成为一个好法官?来自印度尼西亚的观点

IF 0.6 3区 社会学 Q2 LAW
S. Butt
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引用次数: 1

摘要

2018年5月,在长达近20年的司法生涯后,Artidjo Alkostar从印尼最高法院退休。在此期间,他主持了印尼许多最引人注目和最具争议的刑事案件,并因经常驳回腐败上诉和增加刑期而闻名。在纪念他退休的纪念刊物上,阿克斯达被称为模范法官,包括大法院法官在内的资深法律界人士都称赞他的职业道德、正直、性格简单、坚定。令人奇怪的是,在值得赞扬的属性清单中没有有效判断的先决条件,包括充分的法律知识、透明的法律推理和决策、客观和避免偏见。对Alkostar最臭名昭著的决定的分析表明,他和与他一起服务的法官并不总是清楚地显示这些先决条件。这篇文章考虑了这对印尼法官的影响,以及在实践中,什么可能是一个好法官的定义特征。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
What Makes a Good Judge? Perspectives from Indonesia
Abstract In May 2018, Artidjo Alkostar retired from the Supreme Court of Indonesia after a judicial career spanning almost two decades. Over this period, he presided over many of Indonesia’s most prominent and controversial criminal cases and became renowned for routinely rejecting corruption appeals and increasing prison sentences. In the celebratory publications that marked his retirement, Alkostar was held up as a model judge, with senior legal figures, including Supreme Court judges, singling out his strong work ethic, integrity, simplicity of character, and firmness. Curiously absent from the list of praiseworthy attributes were pre-requisites for effective judging, including adequate legal knowledge, transparent legal reasoning and decision-making, objectivity and avoiding the perception of bias. An analysis of Alkostar’s most notorious decisions suggests that he, and the judges who served with him, did not always clearly display these pre-requisites. This article considers what this says about judging in Indonesia and what might, in practice, be the defining characteristics of a good judge there.
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来源期刊
CiteScore
1.50
自引率
0.00%
发文量
31
期刊介绍: The Asian Journal of Law and Society (AJLS) adds an increasingly important Asian perspective to global law and society scholarship. This independent, peer-reviewed publication encourages empirical and multi-disciplinary research and welcomes articles on law and its relationship with society in Asia, articles bringing an Asian perspective to socio-legal issues of global concern, and articles using Asia as a starting point for a comparative exploration of law and society topics. Its coverage of Asia is broad and stretches from East Asia, South Asia and South East Asia to Central Asia. A unique combination of a base in Asia and an international editorial team creates a forum for Asian and Western scholars to exchange ideas of interest to Asian scholars and professionals, those working in or on Asia, as well as all working on law and society issues globally.
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