| Issue |
SHS Web Conf.
Volume 54, 2018
The 1st International Conference on Law, Governance and Social Justice (ICoL GaS 2018)
|
|
|---|---|---|
| Article Number | 07004 | |
| Number of page(s) | 4 | |
| Section | Criminal Justice System | |
| DOI | https://doi.org/10.1051/shsconf/20185407004 | |
| Published online | 14 November 2018 | |
The Dominance and Influence of Positivism Paradigm on Judicial Decision Making
Faculty of Law, Diponegoro University, 50275, Semarang, Indonesia
* Corresponding author: laksmiindreswari@yahoo.com
The court plays a pivotal role in the Indonesian law enforcement. The judge is the key component of judicial process and how the judge`s paradigm will give impact on court decision making. Paradigm represents a worldview of judge when handling a case. This paper used double type of legal research, doctrinal and non-doctrinal. Doctrinal legal research is used to obtain the secondary data and non-doctrinal legal research is intended to obtain the primary data. The purpose of this paper is to describe the factual condition of the paradigm on judicial decision making and to explain the influence of positivism paradigm on judge`s role. The result concludes that the judge`s paradigm still dominate by positivism paradigm and judge`s role is only applying the law.
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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