The Social Sciences

Year: 2018
Volume: 13
Issue: 7
Page No. 1232 - 1240

Judicial Liability Decision in Effort to Provide Acces to Justice for Justice Seeker in Indonesia

Authors : Eddy Pranjoto Waloejo and Jonaedi Efendi

Abstract: Judicial liability would strengthen judicial accountability by bringing judicial wrong actions of the parties aggrieved litigants and the public. Their chances of a lawsuit over the legal responsibilities create greater public accountability in the judiciary and applying greater discipline in the performance of professional judges. Legal liability for judicial action should therefore, be explored as a mechanism that controlled society to support various existing proposals to strengthen the professional court of, so that, the judge’s decision does not merely provide legal certainty alone but also justice and expediency. The institutional concept of judicial liability can not be abandoned. Legal responsibility to the judicial action is a topic that accompanied the establishment of the Judicial Commission which was established by the third amendment to the Constitution of RI. The focus of the discussion on the Judicial Commission today has been on his role in fighting against judicial inappropriate behavior. Everyone agreed that if judges behave badly, they need to be given sanction but what happens to those who have been harmed and suffered losses as a result of judicial action are inappropriate. Policy-making may not want to answer these questions but the parties aggrieved litigants in need of answers. Judicial commission will thus have a discussion about the problems of legal responsibility for judicial action can not be avoided. The legal responsibility for the actions of judicial actually helped shape the judicial process in Indonesia. Legal cases filed which the parties want to change a court decision based on the judicial action is wrong or inappropriate, outside the normal appeal channels. This is a small step toward tort, so that, people who feel aggrieved by the decision of the judge to get access to justice.

How to cite this article:

Eddy Pranjoto Waloejo and Jonaedi Efendi, 2018. Judicial Liability Decision in Effort to Provide Acces to Justice for Justice Seeker in Indonesia. The Social Sciences, 13: 1232-1240.

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