The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era

This research departs from a paradigm that the freedom of judges is a form of court independence, which requires that decisions taken must consider objectivity without pressure from any party. This study focuses on the attitude of judges' independence from factors that can influence court decis...

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Autores principales:	Bani Syarif Maula, Vivi Ariyanti
Formato:	article
Lenguaje:	ID
Publicado:	Institut Agama Islam Negeri (IAIN) Curup 2021
Materias:	blasphemy article 156a of criminal code independence of judges Islamic law KBP1-4860
Acceso en línea:	https://doaj.org/article/dd18334555c444ad9ceca0eefd7c0592
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spelling	oai:doaj.org-article:dd18334555c444ad9ceca0eefd7c05922021-11-14T06:40:22ZThe Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era2548-33742548-338210.29240/jhi.v6i2.3465https://doaj.org/article/dd18334555c444ad9ceca0eefd7c05922021-11-01T00:00:00Zhttp://journal.iaincurup.ac.id/index.php/alistinbath/article/view/3465https://doaj.org/toc/2548-3374https://doaj.org/toc/2548-3382This research departs from a paradigm that the freedom of judges is a form of court independence, which requires that decisions taken must consider objectivity without pressure from any party. This study focuses on the attitude of judges' independence from factors that can influence court decisions, both internal and external factors related to the interests of certain groups. Based on these problems, this study addresses the issue of the independence of judges in cases of blasphemy. This type of research is empirical normative with a qualitative descriptive approach. The data sought for this research is data that comes from the facts of the application of material and formal law by judges in court. In addition, this data is also strengthened by interviews. This study concludes that the analysis of the application of the blasphemy article proves that judges as law enforcers have difficulty translating the substance of blasphemy because of the unclear formulation of Article 156a letter 'a' of the Indonesian Criminal Code. The judge's decision in the blasphemy case does not reflect the independence values of the judges who decide the case. Judges in making decisions on cases handled must be based on their ability to think and will freely (independently) but within the limitations of responsibility and objectivity. The panel of judges in blasphemy cases tends to adopt a more general and situation-oriented attitudes.Bani Syarif MaulaVivi AriyantiInstitut Agama Islam Negeri (IAIN) Curuparticleblasphemyarticle 156a of criminal codeindependence of judgesIslamic lawKBP1-4860IDAl-Istinbath: Jurnal Hukum Islam, Vol 6, Iss 2, Pp 313-340 (2021)
institution	DOAJ
collection	DOAJ
language	ID
topic	blasphemy article 156a of criminal code independence of judges Islamic law KBP1-4860
spellingShingle	blasphemy article 156a of criminal code independence of judges Islamic law KBP1-4860 Bani Syarif Maula Vivi Ariyanti The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era
description	This research departs from a paradigm that the freedom of judges is a form of court independence, which requires that decisions taken must consider objectivity without pressure from any party. This study focuses on the attitude of judges' independence from factors that can influence court decisions, both internal and external factors related to the interests of certain groups. Based on these problems, this study addresses the issue of the independence of judges in cases of blasphemy. This type of research is empirical normative with a qualitative descriptive approach. The data sought for this research is data that comes from the facts of the application of material and formal law by judges in court. In addition, this data is also strengthened by interviews. This study concludes that the analysis of the application of the blasphemy article proves that judges as law enforcers have difficulty translating the substance of blasphemy because of the unclear formulation of Article 156a letter 'a' of the Indonesian Criminal Code. The judge's decision in the blasphemy case does not reflect the independence values of the judges who decide the case. Judges in making decisions on cases handled must be based on their ability to think and will freely (independently) but within the limitations of responsibility and objectivity. The panel of judges in blasphemy cases tends to adopt a more general and situation-oriented attitudes.
format	article
author	Bani Syarif Maula Vivi Ariyanti
author_facet	Bani Syarif Maula Vivi Ariyanti
author_sort	Bani Syarif Maula
title	The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era
title_short	The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era
title_full	The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era
title_fullStr	The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era
title_full_unstemmed	The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era
title_sort	application of the principle of judges’ independence in blasphemy cases in indonesia's post-reform era
publisher	Institut Agama Islam Negeri (IAIN) Curup
publishDate	2021
url	https://doaj.org/article/dd18334555c444ad9ceca0eefd7c0592
work_keys_str_mv	AT banisyarifmaula theapplicationoftheprincipleofjudgesindependenceinblasphemycasesinindonesiaspostreformera AT viviariyanti theapplicationoftheprincipleofjudgesindependenceinblasphemycasesinindonesiaspostreformera AT banisyarifmaula applicationoftheprincipleofjudgesindependenceinblasphemycasesinindonesiaspostreformera AT viviariyanti applicationoftheprincipleofjudgesindependenceinblasphemycasesinindonesiaspostreformera
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The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era

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