基于进步法的法官判决中的执法

Q2 Social Sciences
E. Hartoyo, Widayati Widayati, I. Maerani
{"title":"基于进步法的法官判决中的执法","authors":"E. Hartoyo, Widayati Widayati, I. Maerani","doi":"10.30659/ldj.4.1.83-91","DOIUrl":null,"url":null,"abstract":"This study aims to identify and examine law enforcement in judges' decisions based on progressive law. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data obtained through literature study, which was then analyzed qualitatively. Based on the research, it is concluded that law enforcement in fair judge decisions is based on progressive law, namely in making decisions, judges adhere to their conscience. Progressive law is very important to be presented as a philosophical and theoretical basis for judges in handling cases in court. Judges have the freedom of logic to find and create laws that are in accordance with the community's sense of justice, because the law is for humans, not the other way around. The discovery of law in the context of making decisions, is not merely legalistic, does not only fulfill legal formalities or just maintains order, has a vision of foresight (visionary) who has the moral courage to make legal breakthroughs, and takes sides and is sensitive to fate and the state of the nation and state.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"106 3 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"The Law Enforcement in Judges' Decisions based on Progressive Law\",\"authors\":\"E. Hartoyo, Widayati Widayati, I. Maerani\",\"doi\":\"10.30659/ldj.4.1.83-91\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This study aims to identify and examine law enforcement in judges' decisions based on progressive law. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data obtained through literature study, which was then analyzed qualitatively. Based on the research, it is concluded that law enforcement in fair judge decisions is based on progressive law, namely in making decisions, judges adhere to their conscience. Progressive law is very important to be presented as a philosophical and theoretical basis for judges in handling cases in court. Judges have the freedom of logic to find and create laws that are in accordance with the community's sense of justice, because the law is for humans, not the other way around. The discovery of law in the context of making decisions, is not merely legalistic, does not only fulfill legal formalities or just maintains order, has a vision of foresight (visionary) who has the moral courage to make legal breakthroughs, and takes sides and is sensitive to fate and the state of the nation and state.\",\"PeriodicalId\":55646,\"journal\":{\"name\":\"Law Environment and Development Journal\",\"volume\":\"106 3 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-05-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law Environment and Development Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30659/ldj.4.1.83-91\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law Environment and Development Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30659/ldj.4.1.83-91","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1

摘要

本研究旨在识别和检验基于进步法的法官判决中的执法。本研究采用规范性的司法方法和描述性分析。使用的数据是通过文献研究获得的二手数据,然后进行定性分析。在研究的基础上,得出公正法官判决中的执法是建立在进步法的基础上的,即在做出判决时,法官坚持自己的良心。作为法官在法庭上处理案件的哲学和理论基础,进步法是非常重要的。法官有逻辑上的自由去发现和创造符合社会正义感的法律,因为法律是为人类服务的,而不是相反。在决策的语境中发现法律,不只是法律主义,不只是履行法律形式或只是维持秩序,具有远见卓识(远见卓识),有道德勇气进行法律突破,站队,对命运和民族、国家的状况敏感。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Law Enforcement in Judges' Decisions based on Progressive Law
This study aims to identify and examine law enforcement in judges' decisions based on progressive law. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data obtained through literature study, which was then analyzed qualitatively. Based on the research, it is concluded that law enforcement in fair judge decisions is based on progressive law, namely in making decisions, judges adhere to their conscience. Progressive law is very important to be presented as a philosophical and theoretical basis for judges in handling cases in court. Judges have the freedom of logic to find and create laws that are in accordance with the community's sense of justice, because the law is for humans, not the other way around. The discovery of law in the context of making decisions, is not merely legalistic, does not only fulfill legal formalities or just maintains order, has a vision of foresight (visionary) who has the moral courage to make legal breakthroughs, and takes sides and is sensitive to fate and the state of the nation and state.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
CiteScore
0.40
自引率
0.00%
发文量
0
审稿时长
12 weeks
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信