The Study of Legal Norms in Criminal Law Procedures Code (KUHAP) That is the Concretization of the Judge’s Independence and Impartiality Principle

Ni Nengah Adiyaryani, I Nyoman Nurjaya, Ismail Navianto, Prija Djatmika

Abstract


The judge’s independence and impartiality principle is one of the principle or the fundamental that adopted by the criminal procedural law. This research tried to answer what is the meaning of the concretization of independence principle and judge impartiality in Criminal Law Procedures Code (KUHAP) norms of law; How the existence of norms of law that accommodates the principle independency and the judge impartiality in Criminal Law Procedures Code (KUHAP) currently and How the realization of the judge’s independence and the impartiality principle in Criminal Law Procedures Code (KUHAP) norms of law to the future. It seen from the kind of research, this is conducted as research normative law and analyzed qualitatively normative.    The research, in answer to the problems served, namely: the meaning of the concretization of the judge’s independence and impartiality principle in the norms of law of Criminal Law Procedures Code (KUHAP), the norms of law that accommodate the principle of independency and the judge impartiality are a guideline or foundation for judge in thinking, being and acting i criminal justice by the realization of truth and justice values over a criminal case. Then,  the norms law existence that accommodate the judge’s independence and impartiality principle in Criminal Law Procedures Code (KUHAP) currently, is there juridical problematic of vague of norms and vacuum of norms. The last, regarding the concretization of the judge’s independence and impartiality principle in the norms of law of Criminal Law Procedures Code (KUHAP) for the future, is the need for conducted the actions of the policy of the criminal law, by doing the revision toward the formulation of KUHAP articles that accepted today to avoid the vague and vacuum norms again that accommodates it’s judge’s independence and impartiality principle.

Keywords: Norm, Legal Norm, The Judge’s independence Principle, The Judge’s Impartiality Principle; Criminal Procedures


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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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