Justice in A Judge's Decision

               The judge's decision is the result of the trial process in court. Courts are a last resort for those seeking justice, but the judge's decision must be able to meet the demands of those seeking justice. In this case, the judge must consider three factors in deciding the trial, namely justice, legal certainty and expediency.

               The judge's decision that reflects justice is not easy to find the standards of the disputing parties. Because being fair to one party is not necessarily fair to the other party. Justice in the judge's decision means that one of the parties in the case is impartial and recognizes the equal rights and obligations of both parties. In making a decision, the judge must comply with the existing rules so that the decision can answer the justice desired by the community. The winner can exercise or defend that right and the loser must fulfill that obligation. To support justice, the judge's decision in court must be in accordance with its real purpose, namely to provide equal opportunities to the parties in the trial in court.

               The judge's decision, which reflects legal certainty in the case settlement process, certainly plays a role in finding the right law. Judges do not rely solely on the law to make decisions, because the law may not be clearly regulated. Therefore, judges are required to be able to explore legal values such as customary law and unwritten law that exists in society. In this case, the judge needs to make a decision and formulate it. The judge's decision is part of the law enforcement process with one goal, namely achieving legal certainty.

               The judge's decision that reflects usefulness is when the judge can not only apply the law in writing, but can actually enforce the decision for the benefit of the disputing parties and the general public. The judge's decision is a law that must maintain social balance so that the community can regain trust in law enforcement as a whole. The emphasis on the principle of expediency is based on the idea that the law applies to the community or many people. Therefore, the law must be useful for humans.

               Therefore, the judge's decision in an ideal court must fulfill these three factors. However, one dominant aspect can be emphasized in any decision made by a judge. This does not mean that the decision ignores other relevant principles. It is clear that these three factors are closely related to make the law a guide for law enforcement. However, in real life these three factors often clash with each other. Justice in conflict with legal certainty, or legal certainty in conflict with expediency