Kelemahan Pertimbangan Hakim Terhadap Putusan Sengketa Perdata Saat Ini

Abstract

Weaknesses of the Legal Substance, in fact, that the legal discovery is not just applying existing legal rules and regulations, but then trying to create its own law if the legal rules are unclear, not strict or the legal regulations do not exist. The research method of this article is normative legal research and empirical legal research. This article explains that the Judge has not been able to consider all aspects of the parties so that when the judge makes a decision, the defeated party becomes more and more defeated because the decision of the losing party is often punished too high and burdensome by granting the request of the winning party. Judging from the weaknesses of the legal culture, that seniority still determines the career and rank of a judge, so that sometimes a progressive judge is slightly constrained in exploring his ability to think when in a trial or make a decision. The judge must be able to consider all aspects of both the Plaintiff and Defendant's sides so that when the judge renders a decision, the losing party does not feel very defeated.