Substantive Aspects of Ratio Decidendi in Indonesian Criminal Justice System

Efendi, Jonaedi and Widodo, Ismu Gunadi (2017) Substantive Aspects of Ratio Decidendi in Indonesian Criminal Justice System. IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 22 (7). pp. 43-48. ISSN 2279-0837,

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There is two cases study on this research. First, the ratio decidenci on law decision. Second, the substantive aspects of ratio decidenci in criminal cases. This normative legal research uses statutory approach, conceptual approach, philosophical approach, historical approach, and comparative approach. The primary material in this research is the 1945 National Indonesian Republic Constitution and Law No. 48/2009 on the Judiciary Power. Meanwhile, the secondary materials consist of books, results of experts research, documents issued by authorized institutions, as well as journals or scientific works relating to judicial power. The results of this study concluded into 2 things. First, the position of ratio decidendi in the verdict is very important. Event can be said as the juridical core of a judge's verdict. A judicial consideration in the judge's decision is deemed sufficient if it meets 3 minimum requirements, namely: (1) considerations according to law and legislation; (2) considerations for the sake of bringing about justice; And (3) consideration to realize the benefit. Second, the ratio decidenci in the criminal case must contain 3 substantive aspects, namely: (1) aspects of juridical consideration; (2) aspects of philosophical considerations; And (3) aspects of sociological considerations.

Item Type: Article
Uncontrolled Keywords: substantive aspects, retio decidendi, judges, law decision, criminal justice system
Subjects: K Law > K Law (General) > Criminal Law
K Law > Criminal Law
Divisions: Faculty of Law > Bachelor of Law > Magister of Law
Faculty of Law > Magister of Law
Depositing User: Perpus Ubhara Surabaya
Date Deposited: 20 Oct 2022 04:02
Last Modified: 27 Oct 2022 06:01

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