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Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia

Research Article

Aspects of Legal Certainty, Justice and Usability in the Decisions of Judges in Civil Courts

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  • @INPROCEEDINGS{10.4108/eai.30-10-2021.2315815,
        author={Ichsanullah Ichsanullah and Faisal Santiago},
        title={Aspects of Legal Certainty, Justice and Usability in the Decisions of Judges in Civil Courts},
        proceedings={Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2022},
        month={1},
        keywords={legal certainty; justice; usability; civil courts},
        doi={10.4108/eai.30-10-2021.2315815}
    }
    
  • Ichsanullah Ichsanullah
    Faisal Santiago
    Year: 2022
    Aspects of Legal Certainty, Justice and Usability in the Decisions of Judges in Civil Courts
    MIC
    EAI
    DOI: 10.4108/eai.30-10-2021.2315815
Ichsanullah Ichsanullah1,*, Faisal Santiago1
  • 1: Universitas Borobudur, Jakarta, Indonesia
*Contact email: ichsanullahulla@gmail.com

Abstract

Legal clarity, fairness, and efficiency should all be present in a judge's ruling in court. It is difficult to harmonize these three characteristics in its execution, particularly among legal certainty and justice, which are frequently at odds. The results of the study revealed that a judge's decision-making is not always based on a single premise. Judges' constraints, which tend to entail legal certainty, reach a stalemate when drafted rules fail to address existing issues. The emphasis on the idea of justice often implies taking into account the law that exists in society, which is made up of norms and unwritten legal obligations. Judges must accommodate all factors that exist in a society in the form of habits and spoken legal requirements in their legal reasons and considerations. It is more cost-effective to place greater focus on the notion of benefit.

Keywords
legal certainty; justice; usability; civil courts
Published
2022-01-08
Publisher
EAI
http://dx.doi.org/10.4108/eai.30-10-2021.2315815
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