A Judicial Philosophy Study of Criminal Judge’s Independence And Impartiality Principle

Abstract

Independence and Impartiality become one of the criminal judicature principal which must be implemented by a judge in administering justice of criminal case. In this case, it covers the judge’s act in receiving, examine, and decide the criminal case. Through this article entitled: A judicial philosophy of independence and criminal judge impartiality, it raises some problems such as, what the principles of judge’s independence and impartiality in administering justice a criminal case are and how the implementation of the principle of judge’s independence and impartiality in a criminal case. This is a kind of normative law study using normative-qualitative analysis technique. Based on the result of study, philosophically, it can be seen that the principle of judge’s independence and impartiality in administering a justice of criminal case consisting of a supreme mandate to defend a law, justice and truth. Otherwise, from the judicial aspect, the implementation of principle of judge’s independence and impartiality in criminal justice can be known from the judge’s study towards the authentication done by the judge written in a verdict, whether or not there is a belief of judge towards the proof instrument shown in the court in an authentication process.

Keywords: Independence and Impartiality Principle, Criminal Judge, Criminal Judicature.