Implikasi Tekanan Masyarakat terhadap Kebebasan Hakim dalam Memutus Perkara: Studi Kasus Putusan Hakim atas Richard Eliezer

Abstract

Objective: this research focuses on identifying the factors considered by judges in making decisions, analyzing the influence of public pressure on court rulings, and assessing the application of progressive legal thought by judges.

Methodology/Approach/Design: this research adopts a socio-legal approach with an interdisciplinary perspective to explore the symbolic meanings behind judges' decisions in the Richard Eliezer case. The research is supported by in-depth interviews and the collection of legal materials.

Results and Discussion: the findings reveal that the judges exercised sound reasoning in their considerations when issuing the verdict. The amicus curiae, as a form of public pressure, was taken into account by the judges, and the implementation of progressive legal thought was effectively applied.

Practical Implications: this research has practical implications for legal practitioners, particularly judges, in viewing amicus curiae and public pressure as considerations that go beyond merely adhering to positive law and acting as the mouthpiece of the law.

Novelty/Value: the novelty of this research lies in its socio-legal analysis of the Richard Eliezer case, presenting public pressure as part of the legal culture that plays a role in shaping Indonesia's legal system. This study also offers a reflective contemplation on the need for a more accommodative criminal procedural law, particularly in responding to amicus curiae and justice collaborators.