ANALISIS TENTANG KEWENANGAN HAKIM DALAM PEMERIKSAAN PERKARA LITIGASI PERDATA

Abstract

Law Number 48 of 2009 on Judicial Power holds a vital position within Indonesia’s legal system as the foundation for an independent and fair judiciary. This study aims to examine the role of judges in realizing justice, legal certainty, and utility in civil cases, in accordance with the principles outlined in the law. Using a normative juridical method with statutory and conceptual approaches, the analysis focuses on the provisions of Law No. 48 of 2009 and relevant legal theories. The findings indicate that judges possess strategic authority in upholding the law fairly, independently, and responsibly. To support this role, enhancing judicial integrity, competence, and effective supervision mechanisms is essential to ensure the proper implementation of the rule of law. Law No. 48 of 2009 emphasizes that judicial power is exercised by an independent judiciary, free from any influence or pressure from outside parties. Judges, as the core actors in the judicial process, are not only tasked with interpreting and applying the law but also with ensuring that the values of justice and societal benefit are upheld. In civil cases, where parties often seek resolution to personal and proprietary disputes, the impartiality and wisdom of judges are especially crucial. Their decisions must not only conform to legal norms but also reflect the principles of fairness and social harmony. Moreover, the independence of judges must be balanced with accountability, which includes ethical conduct, transparency, and adherence to judicial codes of conduct. The role of judicial commissions and internal oversight bodies is vital in maintaining public trust. Therefore, strengthening institutional frameworks and continuous professional development for judges are key strategies in realizing the objectives of Law No. 48 of 2009 in practice.