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VOL. 8, ISSUE 1 (2022)
Reconstruction of the thinking concept of judges in deciding criminal cases to realize religious justice
Authors
Irwansyah, Eko Soponyono, Ramon Nofrial
Abstract
The aspect of punishment is the culmination of the criminal justice system with the decision being made by the judge. Justice is the end of the expected process. Therefore the concept of thinking judge plays an important role in deciding a criminal case. This is the basis for the author to raise it into a study where the type of research is a normative-legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive-qualitative. The results of the study show that punishment is not enough if only using two pieces of evidence, but also supported by the judge's conscience and considering the value of law and the sense of justice that lives in society. The purpose of sentencing should consider the principle of balance and judges must adhere to the principles of Divinity and Wisdom, Humanity and Justice, Community and Unity which are identities in religious justice that do not leave God's role. Independent thinking and spiritual intelligence of judges through the Smart Model Intelligence and the conscience of judges contained in Article 5 paragraph (1) of Law Number 48 of the year 2009.
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Pages:205-212
How to cite this article:
Irwansyah, Eko Soponyono, Ramon Nofrial "Reconstruction of the thinking concept of judges in deciding criminal cases to realize religious justice ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 205-212
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