The Role of Judges in Realizing Justice: A Criminal Justice Perspective

Abstract

The judge occupies the most strategic position in creating justice through its verdict. The strategic position of the judge not only included legal authority, but also legal obligations which constituted the power attached to the judge as well as to the court. Type of the research is a normative legal research (doctrinal research). The results of the research show that the role of judges in in legal discoveries to realize a justice is very required, given the legislation that cannot accommodate all contemporary legal issues. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The weaknesses of these legislation require a concept of legal discovery by the judge even though in certain cases is limited to justice. The verdict of judge that close to the justice are not decisions that his reasoning put the judge as law horn, but the judge must be able to interpret the law actually in accordance with the needs and developments that occur in the midst of community life. It because the legal discovery is also one of the duties of the judge in exploring the sense of justice that lives in society (living law). In addition, requires law enforcers, especially judges can be more responsive and progressive in solving legal problems, that is by making legal discoveries if necessary to realize substantive and responsive justice.

Keywords: Criminal Law; Criminal Justice System; Judge; Law Enforcement