Hakim sebagai Pembentuk Hukum dalam Pandangan Pragmatis Realisme bagi Kebebasan Hakim Indonesia dalam Pengambilan Putusan

Abstract

The freedom oflndoriesian Judges/nmaking decision isstiil askedat this moment. Judge has the duty to maintain justice. He has to have the freedom to do his duty. Yet, the Indonesian Judge is facing some internal and external problems. In the legal reasoning of Pragmatis Realism believes that the Judicial decision-making is a creative activity, so it needed a qualified thinking from the judge that can be supported by the high technology. Judge is not only ascertain and apply the law also must be makers of law. The legal reasoning of pragmatis Realism is been hoping to make a good solution that is related to the freedom of Indonesian Judge.