The Role of Judges in Customizing Cases Based on Considerations of Community Cultural Values to Realize Justice

Study in Brebes State Court

DOI

10.2991/978-2-38476-074-9_34How to use a DOI?

Keywords

The Role of Judges; Legal Culture; Justice

Abstract

The legal culture of society in a legal country is highly respected as natural wealth. In an Indonesian constitutional system, legal culture is born from the community and for the people who live in the area they occupy. Indonesia as a constitutional state based on Pancasila upholds the values of justice. So, due to the existence of a legal culture that is still valid and valid in a group of indigenous peoples. Law enforcers, especially judges, can play a role in adjudicating cases based on considerations of the cultural values of society to achieve justice. This is if strategic steps are not taken, then there will be problems in the application of the law that cause losses in the legal territories of indigenous peoples. This research is descriptive analysis and the research approach used is juridical sociological. The location of this research was conducted at the Brebes District Court, the indigenous people of the village of jalawastu culture, Ciseureuh Village, Ketanggungan District, Brebes Regency. The types of data used include primary data and secondary data. Data collection techniques through interviews, literature study research through books, laws and regulations, scientific journals, papers, documents. Data analysis using qualitative analysis. Based on this research, the results obtained show that the role of judges in adjudicating cases is based on the consideration of the cultural values of the community to achieve justice in the Brebes district court using the judicial power law, the instinct of a judge, customary law and positive law. In addition, the analysis used by a judge in adjudicating a case to create justice uses the testimony of expert witnesses, including the customary chief, unwritten regulations that can be used as evidence.So to create justice in the Brebes District Court by implementing the principles: authoritative solutions, efficiency, judicial power laws, aspects of stability, and fairness. These principles are translated into a program through a partnership to build a village (kembangdesa), regular legal counseling, application of judicial power laws. These principles contain the meaning of providing good role models from officers in compliance with the law and response to law, well-planned and directed institutions, judges carry out their judicial functions independently, judges behave both inside and outside the court. To maintain and increase the trust of the public, the legal profession, and the parties in a case against the impartiality of judges and judiciary.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - M. Kenan Lubis
PY  - 2023
DA  - 2023/06/27
TI  - The Role of Judges in Customizing Cases Based on Considerations of Community Cultural Values to Realize Justice
BT  - Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
PB  - Atlantis Press
SP  - 287
EP  - 293
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-074-9_34
DO  - 10.2991/978-2-38476-074-9_34
ID  - Lubis2023
ER  -