Manuscript Title:

JUDGE’S LEGAL REASONING IN SEARCHING LEGAL VALUE AND JUSTICE IN CRIMINAL CASE

Author:

SUKAWI SUTARIF, JULAIDDIN, LILIS HIJROHWATI, SITI AIZATIN​

DOI Number:

DOI:10.17605/OSF.IO/8JQM5

Published : 2021-07-10

About the author(s)

1. SUKAWI SUTARIF - University of 17 Agustus 1945 Semarang, Indonesia.
2. JULAIDDIN - University of 17 Agustus 1945 Semarang, Indonesia.
3. LILIS HIJROHWATI - University of 17 Agustus 1945 Semarang, Indonesia.
4.SITI AIZATIN​ - University of 17 Agustus 1945 Semarang, Indonesia.

Full Text : PDF

Abstract

This study aimed to know the legal reasoning in cassation level to search for legal value and justice in criminal case. The methodology used was normative methodology with statue approach. This study examined judge’s decision in cassation level, notably in criminal case. The results showed that legal reasoning of judge in cassation level focused in seven primary points, including comprehensive method and analysis, new interpretive verdict, new legal construction, coherent syllogistic, no jumping conclusion, forced conclusion, and suitability with value and justice. While its pattern was divided into three thoughts such as partial judge reasoning, ethical judge reasoning and pragmatic judge reasoning. Therefore, it can be concluded that legal reasoning plays an important role in guiding judges to judge cases, so that justice, certainty, and benefits to society can be achieved.


Keywords

Legal Reasoning, Legal Value, Justice, Cassation.