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57 J.L. Pol'y & Globalization 103 (2017)
The Study of Legal Norms in Criminal Law Procedures Code (KUHAP) That Is the Concretization of the Judge's Independence and Impartiality Principle

handle is hein.journals/jawpglob57 and id is 104 raw text is: Journal of Law, Policy and Globalization www iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol.57, 2017 iISTE The Study of Legal Norms in Criminal Law Procedures Code (KUHAP) That is the Concretization of the Judge's Independence and Impartiality Principle Ni Nengah Adiyaryanil* I Nyoman Nurjaya2 Ismail Navianto3 Prija Djatmika3 1. Doctoral Candidate of Criminal Law, Law Faculty of Brawijaya University, Malang 2. Professor of Anthropology of Law, Law Faculty of Brawijaya University, Malang 3. Associate Professor of Criminal Law, Law Faculty of Brawijaya University, Malang Abstract The judge's independence and impartiality principle is one of the principle or the fundamental that adopted by the criminal procedural law. This research tried to answer what is the meaning of the concretization of independence principle and judge impartiality in Criminal Law Procedures Code (KUHAP) norms of law; How the existence of norms of law that accommodates the principle independency and the judge impartiality in Criminal Law Procedures Code (KUHAP) currently and How the realization of the judge's independence and the impartiality principle in Criminal Law Procedures Code (KUHAP) norms of law to the future. It seen from the kind of research, this is conducted as research normative law and analyzed qualitatively normative. The research, in answer to the problems served, namely: the meaning of the concretization of the judge's independence and impartiality principle in the norms of law of Criminal Law Procedures Code (KUHAP), the norms of law that accommodate the principle of independency and the judge impartiality are a guideline or foundation for judge in thinking, being and acting i criminal justice by the realization of truth and justice values over a criminal case. Then, the norms law existence that accommodate the judge's independence and impartiality principle in Criminal Law Procedures Code (KUHAP) currently, is there juridical problematic of vague of norms and vacuum of norms. The last, regarding the concretization of the judge's independence and impartiality principle in the norms of law of Criminal Law Procedures Code (KUHAP) for the future, is the need for conducted the actions of the policy of the criminal law, by doing the revision toward the formulation of KUHAP articles that accepted today to avoid the vague and vacuum norms again that accommodates it's judge's independence and impartiality principle. Keywords: Norm, Legal Norm, The Judge's independence Principle, The Judge's Impartiality Principle; Criminal Procedures INTRODUCTION The focus of the study is to review it deeply toward the independence and impartiality principle that is concretized into the legal norm in Constitution of the Republic of Indonesia Number 8 Year 1981 concerning the Criminal Procedures that known as Criminal Law Procedures Code that must be applied by the judge of criminal justice. Based on the Law Dictionary, Dictionary of Law Complete Edition, the definition of principle is A vision that is formulated widely and underlying the existence of the legal norm.' The definition of principle based on the other law dictionaries, namely, principle, means: 1. The fundamental law; 2. Fundamental (a foundation in thinking and arguing; 3. The basic association (community or organization).2 According to Tolib Effendi, ....the principles or principle in any law is a strong basis in the establishment of the articles in the law itself.3 Furthermore, Muhammad Erwin, states that: legal principle of basically formed the general principles, so it has not directly launched. For the concretized to society, the fundamental law (the process) should be manifested into a norm that known as the rule of law. From this, we can see that it becomes a foundation for the existence of the norm as a regulation. We can consider of this view that the concretization of the regulations basically start from the very beginning process through to the end can be returned to the fundamentals of the law.4 It can be understood that legal principle is a abstract principle, it is concretized into regulation (legal 1 M. Marwan & Jimmy P, Kamus Hukum. Dictionary of Law Complete Edition, (Surabaya: Reality Publisher, 2009), hlm. 56. 2 Sudarsono, Kamus Hukum, (Jakarta: Rineka Cipta, 2009), hlm. 37. 3 Tolib Effendi, Dasar-Dasar Hukum Acara Pidana Perkembangan Dan Pembaharuannya Di Indonesia, (Malang: Setara Press, 2014), hlm. 16. 4 Muhamad Erwin, Filsafat Hukum Refleksi Kritis Terhadap Hukum, (Jakarta: PT Raja Grafindo Persada, 2011, hlm. 49.

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