THE CONCEPT OF JUDICIAL LIABILITY
Journal: Academic Research International (Vol.6, No. 1)Publication Date: 2015-01-15
Authors : Ismu Gunadi;
Page : 368-374
Keywords : Judicial; judicial liability; legal invulnerability; legal responsibilities;
Abstract
Judges are judicial officers who are authorized by laws to try. The adjudicating authority is exercised by making decision (verdict) against a case after examining it in the litigation. In performing their duties, judges cannot escape mistakes in making decisions against a case in criminal law. Those mistakes can certainly injure related parties in the criminal law cases. But, judges are frequently considered as people who have legal invulnerability (immunity); who cannot be prosecuted or claimed for compensation for their wrongdoings. As for judges’ mistakes in making decisions, an idea of judicial liability (judges’ legal responsibilities) is developing recently. The judicial liability is an idea that enables those parties in litigation claim for compensation as a result from mistakes made by judges in settling or deciding cases.
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