Considerations of Judges in Making Decisions on a Case
DOI:
https://doi.org/10.61963/jkt.v1i1.21Keywords:
Court, Making Decisions, JudgeAbstract
This study aims to understand and find out how the application of material criminal law is decided. The research method uses a case approach and analyzes the data descriptively, which is then given conclusions and suggestions related to the title. regarding the judge's decision that is in accordance with applicable legal regulations, namely the existence of valid evidence. The existence of consideration by the Panel of Judges in the trial when making a decision has given a sense of justice to all parties, and the judge must have confidence in the existence of legal facts that have been revealed and produce a decision that has permanent legal force and does not conflict with Pancasila as the source of all law.
References
Born, G. B. (2021). International arbitration: law and practice. Kluwer Law International BV.
Harris, A. P., & Sen, M. (2019). Bias and judging. Annual Review of Political Science, 22, 241-259.
Johnson, M. S. (2020). Regulation by shaming: Deterrence effects of publicizing violations of workplace safety and health laws. American economic review, 110(6), 1866-1904. https://doi.org/10.1257/aer.20180501
McCauley, D., Ramasar, V., Heffron, R. J., Sovacool, B. K., Mebratu, D., & Mundaca, L. (2019). Energy justice in the transition to low carbon energy systems: Exploring key themes in interdisciplinary research. Applied Energy, 233, 916-921. https://doi.org/10.1016/j.apenergy.2018.10.005
Medvedeva, M., Vols, M., & Wieling, M. (2020). Using machine learning to predict decisions of the European Court of Human Rights. Artificial Intelligence and Law, 28(2), 237-266. https://doi.org/10.1007/s10506-019-09255-y
Putra, H. M., & Ahyani, H. (2022). Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia. Jurnal Ilmiah Al-Syir'ah, 20(1), 68-90. http://dx.doi.org/10.30984/jis.v20i1.1861
Shannon, S., Huebner, B. M., Harris, A., Martin, K., Patillo, M., Pettit, B., ... & Uggen, C. (2020). The broad scope and variation of monetary sanctions: Evidence from eight states. UCLA Criminal Justice Law Review, 4(1).
Vrij, A., & Turgeon, J. (2018). Evaluating credibility of witnesses–are we instructing jurors on invalid factors?. Journal of Tort Law, 11(2), 231-244. https://doi.org/10.1515/jtl-2018-0013
Završnik, A. (2020, March). Criminal justice, artificial intelligence systems, and human rights. In ERA Forum (Vol. 20, No. 4, pp. 567-583). Springer Berlin Heidelber
Born, G. B. (2021). International arbitration: law and practice. Kluwer Law International BV.
Harris, A. P., & Sen, M. (2019). Bias and judging. Annual Review of Political Science, 22, 241-259.
Johnson, M. S. (2020). Regulation by shaming: Deterrence effects of publicizing violations of workplace safety and health laws. American economic review, 110(6), 1866-1904. https://doi.org/10.1257/aer.20180501
McCauley, D., Ramasar, V., Heffron, R. J., Sovacool, B. K., Mebratu, D., & Mundaca, L. (2019). Energy justice in the transition to low carbon energy systems: Exploring key themes in interdisciplinary research. Applied Energy, 233, 916-921. https://doi.org/10.1016/j.apenergy.2018.10.005
Medvedeva, M., Vols, M., & Wieling, M. (2020). Using machine learning to predict decisions of the European Court of Human Rights. Artificial Intelligence and Law, 28(2), 237-266. https://doi.org/10.1007/s10506-019-09255-y
Putra, H. M., & Ahyani, H. (2022). Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia. Jurnal Ilmiah Al-Syir'ah, 20(1), 68-90. http://dx.doi.org/10.30984/jis.v20i1.1861
Shannon, S., Huebner, B. M., Harris, A., Martin, K., Patillo, M., Pettit, B., ... & Uggen, C. (2020). The broad scope and variation of monetary sanctions: Evidence from eight states. UCLA Criminal Justice Law Review, 4(1).
Vrij, A., & Turgeon, J. (2018). Evaluating credibility of witnesses–are we instructing jurors on invalid factors?. Journal of Tort Law, 11(2), 231-244. https://doi.org/10.1515/jtl-2018-0013
Završnik, A. (2020, March). Criminal justice, artificial intelligence systems, and human rights. In ERA Forum (Vol. 20, No. 4, pp. 567-583). Springer Berlin Heidelber
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