Hubungan Antara Fakta, Norma, Doktrin dan Moral Dalam Petimbangan Putusan Hakim

Publish : 04 Oktober 2016 Fakultas : Keguruan & Ilmu Pendidikan

The amount of a fine, or the length of imprisonment based on the decision of a judge, is determined by the judges deliberations based on facts, norma and legal doctrine related to the case being conducted. The description of the facts should be based on the occurrence of the case supported by proofs in accordance with the law. A just verdict is not only determined by the norms created by the state, which is called "law", but also based on the existing norms which are adhered to by the community, such as religious norms, traditional norms and others.

In the absence of legal norms, the judge may use the opinion of the experts (doctrine) to decide on a case. Besides the above mentioned, the quality of the judges decision is also determined by the morals of the judge involved, such as can be seen imbedded in his deliberations and read in his written verdict.

Author: Prof.Dr. I Ketut Oka Setiawan, SH. MH. SpN
Keywords: Doktrin, Norma, Moral dan Putusan Hakim
Issue Date: Juli 2011
Series / Report no: Juli 2011
ISSN: 2086-5333
Appears in Collections: Sekolah Pascasarjana, Univ.Nasional Program Studi