Judge Made Law as A Solution Strategy for Internet Abuse Cases
Bambang Tjatur Iswanto; Chrisna Bagus Edhita Praja
Universitas Muhammadiyah Magelang
Abstract
Cases of internet abuse that ended in the domain of law such as the Prita case, the Jogja Ora Didol case, the Florence case became a foreign media attention. This study aims to analyze the application of judge made law by judges in solving internet abuse cases. The method used in this research is normative juridical with the statue approach and conceptual approach. This study uses primary legal material and secondary legal material consisting of Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law), Law Number 48 of 2009 concerning Judicial Power, legal journals, and the doctrine of judge made law. Legal material analyzed then concluded in a descriptive qualitative. In-depth interviews were conducted with judges to support the analysis. The results showed that the absence of rules is not a reason for judges not to decide cases based on justice. The doctrine of judge made law confirms that judges also have the function to make laws - not just as a statute funnel. The strategy is carried out by making decisions into jurisprudence so that it is followed by the judges under it in the same case. The strategy will be effective and efficient if carried out with changes or making conventional laws and regulations.
Keywords: Judge made law; Internet Abuse; Substantive Justice
Topic: Law