Moral and Legal Update of Landmark Decision in Judicial Activism Perspective

Abstract

The essence of the main duties of a judge is to receive, examine, try and decide cases submitted to court.In carrying out their duties, they often face concrete events that must be decided, while the existing lawsand regulations are not necessarily complete and clear. Therefore, judges in deciding cases can carry outrechtsvinding. Legal finding (rechtsvinding) is also an important component in landmark decisions becauseit is related to the breakthroughs made by judges in carrying out their duties. In the perspective of judicialactivism, rechtsvinding and landmark decisions are closely related because in practice they can significantlychange the existing norms in modern law.