BATAS KEBEBASAN KEKUASAAN KEHAKIMAN

• Main Author: I Md Pasek Diantha, -
• Format: Theses and Dissertations NonPeerReviewed
• Language: English
• Published: 1999
• Subjects: K115-130 The legal profession
• Online Access: https://repository.unair.ac.id/134126/1/12.%20BATAS%20KEBEBASAN%20KEKUASAAN%20%281%29%20SUDAH.pdf; https://repository.unair.ac.id/134126/; http://www.lib.unair.ac.id
• Institution: Universitas Airlangga

Considering the freedom of judicial power as an unlimited freedom which recently occurred in daily-practice on judicial activities in Indonesia, obviously had already been resulted an judicial arbitrary. In the frame of anticipating those phenomenons, jurisprudence should made an effort to clarify those freedoms naturally limited freedom. This dissertation greatly concerned with newly thinking concerning the identification of the limits of those judicial freedoms on the ground of some theories and concepts, such as : the Theory of Legal Sovereignty, the Theory of Popular Sovereignty, the Theory of Division of Power, the Concept of Rule of Law, the Concept of Judicial Self-Restraint, the concept of Check and Balances, as. well as the substantial philosophycal-approach from the school of "Analytical Jurisprudence", "Legism" and "Frie Rechtslehre". By using those theoritical-basics, this dissertation finally discovered at least three kinds of limits of the judicial freedom, namely: the normative limit, the external-institutional limit, and the internal-ethical limit, and hence advocating the new concept so-called the "Concept of "Limited Discretion" of judiciary.