Research Article
The Strategic Role of Judges in Legal Finding
@INPROCEEDINGS{10.4108/eai.12-11-2022.2327266, author={M. Natsir Asnawi and Faisal Santiago and Suparno Suparno}, title={The Strategic Role of Judges in Legal Finding}, proceedings={Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia}, publisher={EAI}, proceedings_a={MIC}, year={2023}, month={2}, keywords={judge; legal finding; law enforcement}, doi={10.4108/eai.12-11-2022.2327266} }- M. Natsir Asnawi
Faisal Santiago
Suparno Suparno
Year: 2023
The Strategic Role of Judges in Legal Finding
MIC
EAI
DOI: 10.4108/eai.12-11-2022.2327266
Abstract
The research seeks to comprehensively elaborate the strategic role of judges in legal finding. Overcoming the rigidity of the legal text by Judges encompass interpretation to the legal text concerning circumstances of the case. It is a normative research with a legal reform approach. The results of the study concluded two things. First, the legal finding is extremely fundamental in law enforcement due to rigidity and limited scope of the legal text, hence, further interpretation is needed as of essence of the regulations can be applied to the case. Moreso, in adjudicating cases, the settlement requires concrete legal rules resulting from legal finding activities by judges. In fact, in certain contexts, the legislation does not regulate matters in the dispute being tried, therefore it requires deeper interpretation. Second, judges are the center of legal finding and the most decisive element in how the law is enforced. Through the dialectical process in deciding cases, judges play a major role in determining the law that will be applied in the case. Judges have a strategic role in overcoming legal impasse toward complex social dynamics.