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

Ichsanullah, Ichsanullah and Santiago, Faisal (2022) Aspects of Legal Certainty, Justice and Usability in the Decisions of Judges in Civil Courts. In: MIC 2021, 30 October 2021, Jakarta, Indonesia.

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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.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: legal certainty; justice; usability; civil courts
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 30 Mar 2022 11:43
Last Modified: 30 Mar 2022 11:43
URI: https://eprints.eudl.eu/id/eprint/10179

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