Constitutionality of Norms Used by Judges in Criminal Jurisdictions in Indonesia

DOI

10.2991/assehr.k.211203.032How to use a DOI?

Keywords

Constitutionality; Legal Considerations; Legal Norms

Abstract

Legal norms are not only the basis for judges in examining and adjudicating a case. However, the essence of every court decision, in casu of a criminal judgment, is a matter of legal certainty for defendants to safeguard so that it does not violate the principles of human rights and constitutional rights of the defendant or any citizen who is dealing with a criminal case that is protected based on the Constitution, which is the basis of all legal norms, be they abstract or concrete legal norms. In principle, in any democratic country based on a rule of law system, every court decision is concrete legal norms in casu of criminal case decisions. In a system of legal norms, which is hierarchical, a law has validity or legality as long as it is formed based on norms of a higher degree and does not conflict with higher provisions, which lead to the most basic norms, namely the Constitution as the supreme law of the land and the basis for all lower norms. Thus, every legal norm, including a court decision that is concrete in nature, must be guaranteed to be constitutional. The constitutionality of norms is crucial as they form the basis for the concretization of law by judges in examining, trying, and deciding criminal cases to ensure the constitutionality of verdicts in order to realize justice, and protect the human and constitutional rights and constitutional rights of defendants, avoiding any violation of the defendant’s rights in the sentencing decision. This study aims to identify the constitutionality of court decisions in criminal cases in Indonesia and analyze legal considerations by judges (ratio decidendi) and their use of legal norms to decide cases of questionable constitutionality, as well as legal remedies applied when those norms are of questionable constitutionality. This research is normative legal research with the main types of approaches to be statute and case approach. Sources used are primary, secondary, and tertiary sources of legal materials. The legal materials that have been collected are classified to make it easier to identify and analyze them. This research method is combined with the method of examination of court decisions.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - I Gusti Bagus Suryawan
PY  - 2021
DA  - 2021/12/03
TI  - Constitutionality of Norms Used by Judges in Criminal Jurisdictions in Indonesia
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 151
EP  - 152
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.032
DO  - 10.2991/assehr.k.211203.032
ID  - Suryawan2021
ER  -