Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


From Judge's Decision to Justice: The Role of Transcendental Law to Reinforce Judicial Independence

Author(s): Hamidah Abdurrachman, Achmad Irwan Hamzani, Nayla Majestya, Havis Aravik

Judges have freedom and independence in deciding cases. The judge's authority can have an impact on different interpretations in deciding cases with the same legal source. Judges need to be equipped with transcendental values as a source of reasoning. The purpose of this research is to examine the concept of independence and freedom of judges in making decisions, and to examine the contribution of transcendental law as an effort towards a fair judge's verdict. This study uses a philosophical approach, which examines the future judge's decision from the ideal point of view. The data used are secondary data with qualitative data analysis techniques. The research findings show that the judicial power is the power of an independent state to administer the judiciary in order to uphold law and justice for the implementation of a rule of law. Judge is a core element who exercises judicial power. The judicial power is obliged to maintain the independence of the judiciary through the integrity and the freedom of judges in examining and deciding cases. Judges must be equipped with the value of transcendental law. Traditional knowledge is the clearest gateway to confirming the Absolute Reality and getting out of materialism. Transcendental becomes a source of rational reasoning and empiricism as well as diversity and humanity with an inner awareness of God and the universe.

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