Research Article
Discretion and Disparity of Judicial Decisions
@INPROCEEDINGS{10.4108/eai.10-9-2019.2289406, author={Amiek Soemarmi and Erlyn Indarti and Pujiyono Pujiyono}, title={Discretion and Disparity of Judicial Decisions}, proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICIDS}, year={2019}, month={11}, keywords={jurisprudence discretions judge’s paradigm}, doi={10.4108/eai.10-9-2019.2289406} }- Amiek Soemarmi
Erlyn Indarti
Pujiyono Pujiyono
Year: 2019
Discretion and Disparity of Judicial Decisions
ICIDS
EAI
DOI: 10.4108/eai.10-9-2019.2289406
Abstract
A judge embraces a paradigm that significantly influences how reality is perceived, having captured the meaning of reality will create a relationship between the judge itself as a paradigm follower with a comprehensible reality, which will create a methodology for solving the problems of that reality. Without realizing, the paradigm will affect a judge in applying discretion. The discretion applied by one judge to another will be different. The difference is based on the diversity of its paradigm; on the difference of the paradigm, then there will be the disparity in the judge's decision. The disparity of the judge's verdict occurs because of the paradigm of a judge that is embedded in himself. The paradigm of a judge will affect the extent to which discretionary constraints are applied, with the diversity of paradigms adopted by judges will lead to differences regarding the limits of the discretionary application resulting in disparities in judges' decisions. This study uses a paradigm study using qualitative research as the initial determinant in which the variable is dynamic, which is not always static. Post-positivism paradigm will guide the author in the translation of data obtained through interviews and other observations.
