The Dominance and Influence of Positivism Paradigm on Judicial Decision Making

Tri Laksmi Indreswari, A. Raharjo, T. Sudrajat
2018 SHS Web of Conferences  
The court plays a pivotal role in the Indonesian law enforcement. The judge is the key component of judicial process and how the judge's paradigm will give impact on court decision making. Paradigm represents a worldview of judge when handling a case. This paper used double type of legal research, doctrinal and non-doctrinal. Doctrinal legal research is used to obtain the secondary data and non-doctrinal legal research is intended to obtain the primary data. The purpose of this paper is to
more » ... ibe the factual condition of the paradigm on judicial decision making and to explain the influence of positivism paradigm on judge's role. The result concludes that the judge's paradigm still dominate by positivism paradigm and judge's role is only applying the law.
doi:10.1051/shsconf/20185407004 fatcat:gsesygzbwrbthjamn7h4o4crz4