Passive Judge Shift In Civil Judges In Indonesia: Regulation And Relevance Of Legal Currency

Abstract

Law enforcement is essential to create justice and legal certainty in people's lives. One of the law enforcement actors is a judge who has the duty and authority to decide on cases. Applicable principles bound judges in carrying out their duties, one of which is passive in resolving civil disputes. Through the principle of passive judges, the limits of what judges in Indonesia can do when examining cases in court, however, tend to in practice show that there has been a shift in this principle. Based on the normative legal research method and qualitative juridical analysis, the resultsis the practice of resolving civil disputes, judges are not merely passive, but in certain cases, judges may even be required to be active. The passive nature means that the judge cannot determine the extent of the dispute and only the disputing parties determine when the case will be filed and the case will be terminated, including in terms of granting compensation. In its development, it requires the activeness of judges who not only lead the trial but also to dig up legal facts. The ambiguity of the principles as regulated in the law has created legal uncertainty, so it is advisable to consider shifting passive and active judges to be integrated into Indonesia's civil procedural law in the future.