Justice in Judges' Decision Based on Positive Law

Abstract

Dissatisfaction among justice-seeking individuals toward judges' decisions often arises from the disparity between the justice reflected in societal legal sentiments and the justice delivered by judges, which is based on formal legal procedures. While judicial decisions prioritize formal legal sources and follow established courtroom procedures, some rulings of the Supreme Court deviate from existing laws. This occurs when the laws fail to satisfy a sense of justice or when the laws are silent on specific issues. As a result, individuals seek corrections through legal remedies. The concept of the rule of law in Indonesia requires that legal certainty is balanced with societal justice and benefit, which should be considered through a holistic approach in legal reasoning rather than as conflicting alternatives.