Peranan Hakim dalam Penegakan Hukum di Indonesia ( Suatu Telaah Teoritis dan Normatif )

Abstract

This study discusses the role of judges in law enforcement in Indonesia through theoretical and normative approaches, focusing on understanding the role of judges according to Gustav Radbruch's Tri Tunggal Theory as well as an analysis of judges' normative authority and considerations in realizing substantive justice. The Tri Tunggal theory emphasizes that law must reflect three main elements: justice, legal certainty, and utility. In judicial practice, judges are required not only to apply legal norms mechanically, but also to interpret based on the values of justice and social conditions of society. Through literature studies and juridical-normative approaches, this study found that judges have an important role as keepers of the balance between positive law and living moral values. The judge's authority to consider normative aspects, such as a sense of justice, humanity, and propriety, allows for the realization of substantive justice, especially in cases involving public interest or social inequality. Thus, judges function not only as executors of the law, but also as enforcers of justice that are oriented towards substance, not just legal formalities. This study recommends strengthening the capacity and integrity of judges as well as updating legal education so that judges are able to carry out their functions optimally in the Indonesian legal system.

Keywords: Judges, Law Enforcement, Tri Tunggal Theory, Substantive Justice, Normative Considerations.