Research Article
Aspects of Legal Certainty, Justice and Usability in the Decisions of Judges in Civil Courts
@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
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.