The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”)
The idea of a progressive law arbitrate by placing the concept of law as an instrument in achieving social goals. This idea also emphasizes the discovery of the laws in each judge’s decision as an attempt to explore the values that live in the community. This progressive legal thought has been appli...
| Main Author: | |
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| Format: | Article |
| Language: | English |
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Hasanuddin University
2015-04-01
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| Series: | Hasanuddin Law Review |
| Subjects: | |
| Online Access: | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/43/42 |
| _version_ | 1811219435181047808 |
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| author | Suwito |
| author_facet | Suwito |
| author_sort | Suwito |
| collection | DOAJ |
| description | The idea of a progressive law arbitrate by placing the concept of law as an instrument in achieving social goals. This idea also emphasizes the discovery of the laws in each judge’s decision as an attempt to explore the values that live in the community. This progressive legal thought has been applied in several decisions of judges in Indonesia. One is in the civil case, known as “The Case of Mango Tree” which occurred in the jurisdiction of the Jayapura District Court. The aim in this study was intended to examine the normative juridical one court decision in a civil case based progressive law. The method used is a normative approach to the court decision as a primary legal materials. The results showed that there is a judicial consideration of progressive law judge based on the decision of the court, where the judge has successfully completed the legal issues, including complicated and abstract categories. The conclusion of this cases shows that every legal issue can be resolved without having to override the rules by sticking fast to the rules to achieve a sense of justice, expediency and the rule of law as a hallmark of progressive laws. |
| first_indexed | 2024-04-12T07:25:43Z |
| format | Article |
| id | doaj.art-2c5b6b2f69844130a9c8293a117d8139 |
| institution | Directory Open Access Journal |
| issn | 2442-9880 2442-9899 |
| language | English |
| last_indexed | 2024-04-12T07:25:43Z |
| publishDate | 2015-04-01 |
| publisher | Hasanuddin University |
| record_format | Article |
| series | Hasanuddin Law Review |
| spelling | doaj.art-2c5b6b2f69844130a9c8293a117d81392022-12-22T03:42:11ZengHasanuddin UniversityHasanuddin Law Review2442-98802442-98992015-04-0111101113The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”)Suwito0Pengadilan Negeri/Tipikor JayapuraThe idea of a progressive law arbitrate by placing the concept of law as an instrument in achieving social goals. This idea also emphasizes the discovery of the laws in each judge’s decision as an attempt to explore the values that live in the community. This progressive legal thought has been applied in several decisions of judges in Indonesia. One is in the civil case, known as “The Case of Mango Tree” which occurred in the jurisdiction of the Jayapura District Court. The aim in this study was intended to examine the normative juridical one court decision in a civil case based progressive law. The method used is a normative approach to the court decision as a primary legal materials. The results showed that there is a judicial consideration of progressive law judge based on the decision of the court, where the judge has successfully completed the legal issues, including complicated and abstract categories. The conclusion of this cases shows that every legal issue can be resolved without having to override the rules by sticking fast to the rules to achieve a sense of justice, expediency and the rule of law as a hallmark of progressive laws.http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/43/42Judge’s DecisionLegal CultureProgressive Law |
| spellingShingle | Suwito The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”) Hasanuddin Law Review Judge’s Decision Legal Culture Progressive Law |
| title | The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”) |
| title_full | The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”) |
| title_fullStr | The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”) |
| title_full_unstemmed | The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”) |
| title_short | The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”) |
| title_sort | judge s progressive decisions in civil law cases an analysis on the case of mango tree |
| topic | Judge’s Decision Legal Culture Progressive Law |
| url | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/43/42 |
| work_keys_str_mv | AT suwito thejudgesprogressivedecisionsincivillawcasesananalysisonthecaseofmangotree AT suwito judgesprogressivedecisionsincivillawcasesananalysisonthecaseofmangotree |