Archive for September 2012

Independence of Judges vs Seeking Justice

Judges use more practical reason is closely connected with the background of each judge concerned. Moreover, in practice, many judges in deciding cases liberty is always influenced by some of the attributes that has always been its terms of reference, among others, the judge cannot just stick to the principle of legality alone (homo yuridicus), because it must also underlie the ethical principle or moral virtue (homo ethics) and other virtues such as primacy theological (homo religious).

Moderate understanding of the independence of judges is, if a judge in the hearing and deciding a case, free in exploring, follow and understand the legal values that live in the community, and free from all external influences that could alter beliefs about its sense of justice.

Independence of judges should not be construed freedom without limits, by accentuating the arrogant attitude of authority (arrogance of power) to manipulate these freedoms to justify the means.

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Four Ways to Resolving Disputes outside the Court

Disputes often occur where and anytime. Especially for those who are into business, there will always be disputes, either with relatives, clients, customers, or the opponent or rival businesses. Various methods are used to solve it, either through the courts or out of court. For making wise decisions, they would choose the second path, which is outside the court.

This path is more secure than judicial. That is, the more it has many advantages and convenience compared to the court. Completion of this model, known in Indonesia there are four types, namely system Negotiation, Mediation, Conciliation, and Arbitration.

Negotiation is a two-way communication, when both parties express their wishes. Negotiation is a process attempts to reach an agreement with other parties, a process of interaction and communication dynamic and diverse. Or it could be said, negotiation is the bargaining process from each party to reach an agreement.

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