The Freedom of Judges in Making Decisions in Court

Udges are considered to always know the law (ius curia novit), so the decision must contain adequate considerations, which can be accepted logically among scientific forums, the wider community and the litigants. Judges need to pay close attention so that their decisions are in line with the doctrine of legal science. The purpose of this study is to analyze the freedom of judges and the obstacles they face in making decisions in court. This study uses the type of empirical juridical research. The results of this study are judges must have high morals and integrity so that they are expected to reflect a sense of justice, guarantee legal certainty and can provide benefits to the community. In trying someone, judges must be open to constructive criticism and truth, and should not base decisions on their feelings. Judges must also really pay attention and understand the circumstances, events/facts for the occurrence of a crime, the background factors of the defendant, the consequences of the sentence imposed, as well as the values of life (ethics/norms of manners and religion) that develop in society. . The obstacles faced by judges in making decisions in court are divided into two types, namely internal constraints and external constraints. Internal obstacles, for example, the appointment of judges are still limited, the education of judges is still lagging, the wrong mastery of the science of law, the morale of judges is low, the welfare of judges is not paid attention to. While external constraints such as the independence of judicial power which is very dependent on the conscience of the judge himself