Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.76, 2018 114 The Role of Judges in Realizing Justice: A Criminal Justice Perspective Muhammad Irwan * , Slamet Sampurno Soewondo, M. Syukri Akub, Wiwie Heryani Graduate School, Hasanuddin University, South Sulawesi, 90245, Indonesia Abstract The judge occupies the most strategic position in creating justice through its verdict. The strategic position of the judge not only included legal authority, but also legal obligations which constituted the power attached to the judge as well as to the court. Type of the research is a normative legal research (doctrinal research). The results of the research show that the role of judges in in legal discoveries to realize a justice is very required, given the legislation that cannot accommodate all contemporary legal issues. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The weaknesses of these legislation require a concept of legal discovery by the judge even though in certain cases is limited to justice. The verdict of judge that close to the justice are not decisions that his reasoning put the judge as law horn, but the judge must be able to interpret the law actually in accordance with the needs and developments that occur in the midst of community life. It because the legal discovery is also one of the duties of the judge in exploring the sense of justice that lives in society (living law). In addition, requires law enforcers, especially judges can be more responsive and progressive in solving legal problems, that is by making legal discoveries if necessary to realize substantive and responsive justice. Keywords: Criminal Law; Criminal Justice System; Judge; Law Enforcement 1. Introduction Indonesia is a country based on the law so that it cannot be seen as textual only. However, the law exists for society not for the opposite, therefore it should be dynamic and in accordance with the law that lives in the community (as a living law), in the sense that in the development of the community, the law must be able to follow the development of the community as well. 1 Certainly, the law must be coming from communities or cultures, so that it does not tend to impose but a natural awareness born of the person as good something to be independent and humane. The law must not be seen as a finite scheme, but it must continue to move, change, adapt to the dynamics of human life. Therefore, the law must continue to be reviewed and explored through progressive efforts to reach the truth and a noble goal of justice. Humans as main actors behind legal life are not only required to be able to create and making the la), but also the courage is able to breaking the law when the law is unable to present the spirit and substance of its existence, namely creating harmony, peace, order and community welfare. 2 Nowadays, in fact, the law is understood only limited to the formulation of laws, the law enforcers are forced even some safely put themselves only into law horn without any space and willingness to act progressively. The community is also forced to obey all legal provisions, even though the law has deprived them of their independence, suppressed their basic rights, even to become a tool of the ruler crime against the people. The law is not only ordegenic (order/rule), but also criminogic (crime). Legislation products that certainly have noble intentions and objectives, actually in its implementation can cause distortions in the established community structure and prove beneficial. 3 In this context, the judge occupies the most strategic position in creating justice through its verdict. This is in accordance with the opinion of George F. Cole that the judge is the most important figure in the criminal court. Decisions of the police, defense ottorneys and prosecutors are greatly affected by judges in rulings and 1 Tumpa, H. (2015). “Penerapan Konsep Rechtsvinding dan Rechtsschepping oleh Hakim dalam Memutus Suatu Perkara.” Hasanuddin Law Review, 1(2), 126-138. 2 Sadjipto Rahardjo, Penegakan Hukum Progresif, Kompas, Jakarta, 2010, Page. 1. Compared to John Rawls. 1999. A Theory of Justice (Revised Edition). The Belknap Press of Harvars University Press: Cambridge. 3 Ibid. Page. 4 CORE Metadata, citation and similar papers at core.ac.uk Provided by International Institute for Science, Technology and Education (IISTE): E-Journals