Prevention of Miscarriage of Justice in the Implementation of Judges’ Tasks

Abstract

Work by relying on conscience, to decide whether someone is guilty or not. The judge profession is one of the noble professions. The judge determines a person's actions. Judges are called noble, clearly addressing this profession has a higher degree. In convicting a criminal, besides at least two valid evidence, a judge's conviction is needed. The judge is called the representative of God on earth. However, judges are still ordinary people who are not free from mistakes. Miscarriage of justice happens a lot in the decisions they make. This study examines the prevention of miscarriage of justice in the implementation of judges’ tasks. This research is designed by using normative-juridical method, which is an approach that uses a positivist-juridical conception, namely that law is identical with written norms created by the authorities, so far the law is made as a normative system that is autonomous closed and independent of people's lives. The results show that Justice is something aspired by the people of Indonesia. Judges are the most important element in realizing justice that is highly aspired. Judges as representatives of God who hold to the "For the sake of justice based on the Almighty God" develop a difficult task. Many miscarriage of justice occurs in the community. Judges as a profession that has a higher degree must hold on to professional ethics to avoid miscarriage of justice.

Alternative Settlement Through The Administrative Court By Testing The Authority Of Law Enforcement Procedures In The Order To Minimize Miscarriage Of Justice

“…Justice is a prerequisite for the achievement of happiness or welfare of life for citizens and from that justice needs to be taught morality to every human being so that he becomes a good citizen. [6] L.J van Apeldoorn in his work Inleiding tot de Studie van het Nederlandse Recht mentions that antinomy between justice and legal certainty. He said the two objectives of the law cannot be realized together.…”

“…Duties and functions of judges are not always to decide, the most important function of judges in resolving legal issues is by giving peace to the parties seeking justice, as the provisions in Article 130 HIR / 154 RBg require the judges to reconcile the parties litigate in a civil dispute. [6] Miscarriage of Justice is not only due to a ruling that has permanent legal force. But at the stage of research, investigation, trial stage and at the stage of legal efforts.…”

“…But at the stage of research, investigation, trial stage and at the stage of legal efforts. Clive Walker in this case formulated several factors causing miscarriage of justice that occurred in suspects, defendants or convicts, namely (1) insufficient legal proceedings; (2) The law applied to them;…”

“…(3) There is no justification for the punishment given; (4) The treatment of suspects, defendants or convicts is not balanced with the rights of others to be protected; (5) When the rights of others are not actively protected by the state from the perpetrators of the crime; (6) The laws applicable in the country itself. [8] Another factor that led to the Miscarriage of Justice was that the Law had been converted into a tool of power.…”

“…If there are statutory provisions that are used as the basis for giving decisions that are not in accordance with the times and demands for a sense of justice, or if the law does not regulate, then the judge must explore the legal values and sense of justice that live in society. [2] Therefore, judges are expected to be able to give decisions that fulfill a sense of justice in the context of law enforcement in court.…”