TINJAUAN YURIDIS KEBEBASAN DAN KEMANDIRIAN HAKIM DALAM PENEGAKAN HUKUM TERKAIT PENJATUHAN PUTUSAN DALAM TINDAK PIDANA (Suatu Studi Di Pengadilan Negeri Unaaha)

Abstract

This study aims to determine what factors are obstacles for judges in maintaining the freedom and independence of judges in making decisions in criminal cases and what efforts must be made by judges in maintaining the freedom and independence of judges in making decisions in criminal cases. The study was conducted in Unaaha City, precisely at the Unahaa District Court Office. This study uses descriptive research because the data obtained in the field are presented descriptively using the empirical normative approach method. Based on the analysis of the data and facts that the author has obtained, the author concludes, among others: a. Factors that are obstacles for judges in maintaining the freedom and independence of judges in making decisions in criminal cases, namely Internal factors, factors that influence the independence of judges in carrying out their duties and authorities that come from within the judge himself. And External Factors are factors that influence the process of administering justice that come from outside the judge, especially related to the judicial system or law enforcement system. b) Efforts that must be made by judges to maintain the freedom and independence of judges in making decisions in criminal cases can be done for the freedom of judges as law enforcers must be linked to: - Accountability, Moral and ethical integrity, Transparency, Supervision (control), Professionalism and impartiality.