Freedom of Opinion of Judges in Dissenting Opinion in a Criminal Verdict
Year: 2025
Type: article
Abstract: Dissenting opinion refers to the views expressed by one or more members of the panel of judges who disagree with the majority's decision. In Indonesia, although a dissenting opinion is the view of a minority of judges, it does not change the decision that has been agreed upon in the deliberations of the panel of judges, either for now or in the future. The main purpose of dissenting opinions in Indonesia is to accommodate the freedom of judges to express legal opinions that differ from the majority. Unlike the United States, where dissenting opinions can become the basis for jurisprudence and be referenced in similar cases, the legal impact of dissenting opinions in Indonesia is more limited. In the United States, dissenting opinions of judges can immediately become part of the development of the applicable law, in line with social changes and community needs. In contrast, changing the law through dissenting opinions in Indonesia requires a long process through the legislative institutions. Although there are differences in the application of the concept of dissenting opinion between the two countries, they both strive to maintain judicial transparency and accountability. In the United States, judges' dissenting opinions can shape the law without going through the legislative process, while in Indonesia, while not changing the verdict, dissenting opinions still reflect judges' independence and transparency in decision-making. This comparison shows differences in legal approaches, but both aim to ensure legal certainty and accountability to the public.
Authors: Christopher Hartono, Andrew Wijaya
Institution: Universitas Narotama
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4415140072