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BukuReconstruction of Judge’s Legal Culture in Law Enforcement in Indonesia (Study on Judge Verdict in Corruption Case)
Bibliografi
Author: Jaya, Nyoman Serikat Putra ; Pujirahayu, Esmi Warassih ; Jalil, Abdul ; Syamsudin, M. ; Maulana, M. Adil ; Wirawan, Bintang Ade
Topik: Judge’s Legal Culture; Law Enforcement; Judge’s Decision in Corruption Criminal Act
Bahasa: (EN )    
Tahun Terbit: 2009    
Jenis: Article - lainnya
Fulltext: Prof. Dr. Esmi Warassih, SH.,MS.pdf (293.15KB; 0 download)
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Abstract
This research intended to comprehend, reveal and explore the legal culture of the judge in law enforcement of corruption criminal action in the court. The case studied comprises of: (1) why there is any difference in judge’s legal culture in public court and tipikor court of which causes the different decision to the similar case? (2) How is the conduction of non-legal factors such as economy and politic in sentencing a case? (3) How is the reconstruction of the judge’s legal culture in pronouncing a verdict of which can actualize the fairness and functionality to the society. The data was sourced from primary and secondary data, by analysis dialectic hermeneutic in the rank of method, critique and philosophy. The data validation used source triangulation. The result of this research shows there are some supporting and impeding factors in process of legal enforcement in both institutions. The factors comprises of institutional support in the process of investigation and pursuit, composition of judge’s council, professionalism of apparatus and working ethos, as well as the support of given verifying material. The process of enforcement of corruption case in the court is not merely determined by the movement or orientation of value in enforcing law by the judge from the ideal values of the law into the subjective values of the judge, the indication of corruption case becomes the commodity source of the judge for gaining political and economical profit. Progressive law can be presented to be the basic of reconstruction of judge’s legal culture in overwhelming the corruption case. It is based on the objective fact wherein the values of old legal culture of which has been institutionalized in legal institution and held strongly by the judge needs to be enlightened for completing the more complex legal problem. The old cultural values needs to be renewed and substituted by the news values of which is more appropriate and suitable to the development of legal knowledge paradigm for solving up the legal problem fairly, advantageously, and protect the society.
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