Benny Riyanto
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KEBEBASAN HAKIM DALAM MEMUTUSKAN PERKARA PERDATA Dl PENGADILAN NEGERI

YUSTISIA Vol 74 (2008)
Publisher : YUSTISIA

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Abstract

777/s study is aimed to explain the freedom ofjudges todecide legal cases. The importance of the study is basedon not only the fact of the existence of different decision on similar case, but also the difficulty ofexplaining in anapproach which constitutes the character ofcivil law system. Relation that, the legal issuesof this study areas follows: how is the design ofjudges freedom and its reality at deciding private case concerning substantive law orlegalprocedure in Indonesia? How dojudges make the law as implementing ofjudges freedom? Basedonthese issues, this study use doctrinal andnondoctrinal re search method. This studyfind out that judges freedom is anomalous. Ifs mean that the anomaly can not be ex plained relating tocivil  lawsystemparadigm. Actually, given wide judges freedom in Indonesia. Further more, ithappenedshift from "collective freedom" to"personalorindividual freedom" formaking a decisionrelating tobe transplanted dissenting opinion principle  isnotparallel with Indonesia legalorder. It is difficult toimplement thedissenting opinion as the basis ofjudges decision, in spiteof lackof conceptual under standing, legaltheories orreference to explore the different opinion. In relation to take decision, judgesmayto make the lawthan justlegal finding. It is actually  uncommon in civil lawsystem. Unfortunately, space for law making is not followed byprofesional capacity. Therefore, it is ironical thing relating to "anomalyfreedom."

PEMBERDAYAAN GUGATAN SEDERHANA PERKARA PERDATA GUNA MEWUJUDKAN PENYELENGGARAAN PERADILAN BERDASARKAN ASAS SEDERHANA, CEPAT DAN BIAYA RINGAN

Masalah-Masalah Hukum Vol 48, No 1 (2019): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Diponegoro University

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Abstract

The usual legal system of civil law often require an expensive cost, a complicated and takes long time to complete a case. The demand to resolve small civil case through special legal system is increase. Gugatan sederhana (adopted from Small Claims Court) is an alternative legal system provided in the district court to settle the civil case that are more accessible and effective in maintaining legal rights for justice seekers. The empowerment of gugatan sederhana starts in the district court because it is the first level court to go to resolve the civil case faced by justice seekers.