Judges in actualizing the idea of justice require a conducive situation, both derived from external and internal factors from within a Judge. If traced, the factor that influences the Judge in transforming the idea of justice is the Independence of Judiciary.
The freedom of justice has become a necessity for the rule of law). Judges will be independent and impartial in deciding disputes, and in such a conducive situation, Judges will be free to transform ideas in the consideration of decisions.
Judicial power is an independent power, meaning that apart from the influence of governmental power, in connection with that, a guarantee must be made in the Law on the Position of Judges.
Independent judicial power has two objectives. The first is to carry out the functions and authority of the judiciary honestly and fairly. Secondly, so that the judicial authority can play a role in supervising all actions of the authorities
The Roles of Judges
1. Upholding Truth and Justice
Upholding truth and justice is not enforcing legislation in the narrow sense, that is, judges do not act as the mouth of the law and judges must not play a role in identifying truth and justice in the same way as a formulation of legislation.
2. Judges must be able to interpret the Act actually
To apply the law based on the development of conditions, time and place, the applied law must be under the public interest and problems of the present society.
However, the judge still needs to interpret and determine the law despite it departs from the common basic idea contained in the philosophy of the nation and the purpose of the relevant laws.
3. Judges must dare to play a role in creating new laws or as law-makers
In the case that the provisions of the law do not regulate a problem regarding a concrete case. The judge must play a role in creating a new law adapted to the awareness of the development and needs of the community.
This can be realized by the judge by delving into people’s life awareness. And from that experience, the judge tries to find the basis or principles of the new law. Even when it must move from the common basic ideology of the nation’s philosophy and the purpose of the relevant laws.
4. Judges must dare to play the role of contra legem
In this case, the judge must dare to get rid of the provisions of certain articles of the law. Carried out after the judge examines and reviews that the provisions of the article are contrary to public order, interests and problems, then judges may create new laws or maintain jurisprudence.
5. Judges must be able to play a role in judging casuistically
In principle, each case contains a particular reason, so in reality, there are no cases that are exactly the same. Therefore the judge must be able to play a case by case trial.
It is not justified to just blindly follow an existing ruling without assessing the specific circumstances (particular reason) that contained in the judi online case concerned and apply it casually under the concrete conditions of the case being examined.
The Responsibility of Judges
Basically, three non-essential things must exist in the implementation of functions in any field.
Firstly, the duty is an obligation that must be carried out, and then further specified on how to carry out them.
Secondly, the Apparatus, which includes the task executor consisting of executors and supporters.
Thirdly, Institutions, which is an organization related to facilities and infrastructure where officials carry out their duties.
Meanwhile the officer is getting a task means that they must be responsible for relating to three things, they are:
- Getting the trust to be able to carry out the duty
- It becomes an honor as a duty bearer and is a mandate that must be maintained and carried out.
Moral Responsibility of Judges
Based on its philoshophy, the main purpose of the judicial profession is to uphold justice. The ideals of justice that are contained in das sollen or known as normative reality must be done in das sein or also known as the natural reality. One This professional ethic also depends on the trusted guideline which has been used since many years ago. It include several points, they are hearing courteously, deciding impartially, considering soberly, and answering wisely.