One day after the MoU between the Judicial Commission and the UMM Law Faculty been signed, on Thursday the UMM Law Faculty reviewed a book which was attended by many universities in Indonesia.
The book titled “Penerapan dan Penemuan Hukum dalam Putusan Hakim” was the research result on the 2011 Court Decision done by 19 universities network in Indonesia. Some law experts attended the event, such as : the Commissioner of Indonesian Judicial Commission Dr. Jaja Ahmad Jayus, SH. M.Hum, a lawyer and lecturer of Indonesian Azhar University Law Faculty Dr. Magdir Ismail, SH, LL.M, the UMM Law Dean Sidik Sunaryo, SH.,M.Si, and a researcher and lecturer of Parahyangan University Law and Philosophy department Dr Sidharta, SH,MH.
Dr. Jaja Ahmad Jayus, SH.M. Hum, stated that the research basically was not the Judicial Commission on monitoring duty, but the preventing one. In 2011, the researches were focussed on the High Judges who advanced to Judge Candidate in Supreme Court. The research was also a scientific decision. It was an illustration of Ficial Commission which its decision could be a reference for Judicial Commission to improve the judges capacity in deciding the law. “We hope the judges master the positivistic approach and any other approaches," said he.
Jaja also stated that an ideal judge must be a smart person who was sensitive related to the justice values, and able to intergrate the positive law to the society through his decisions. There might be differences in terms of the judge's decision and the applicable law. That the law meaning interpretation should be based on the rules on the books. The law enforcement could be applied through the law use itself, which was the law base, principle, and norm.
On that event, Dr. Magdir Ismail, SH, LL.M, who was an attorney of Antasari Azhar, did review much on any cases he had handled. According to him, almost 90 percent of a decision did not have its own argument, except accepting the court decision. “We believe that the judges are zero tolerance toward any kind of mistake, and that is my opinion," said he.
Sidik Sunaryo tended to discuss about the procedure on justice. He saw, in doctrine perspective, the judges should be wise, professional, and proportional in terms of the decisions. "If the people know the law well, the judges should be given any treatments from the Judicial Commission about how to run good law," explained he.
According to him, there were many things that should be mastered by good law enforcement doer. Those were well motivation and well education.
Dr. Sidharta, SH.,MH mentioned six possibilities of crack in law. A judge should be independent on every decision he made. "There may be crack, if the decision is subjective," explained he.
Yesterday, the UMM Rector Muhadjir Effendy, stated that the law supreme was an important thing. Nowadays, the law in Indonesia got weakened. Muhadjir hoped that the young, through the general lecture, could re-strengthen it. "It is the future for the civil society," said he. (bib/nas/t_ris)