Bestuur
Vol 10, No 2 (2022): Bestuur

The Regulation of Defendant’s Religious Identity in Court Decisions

Nandang Sutrisno (Faculty of Law, Universitas Islam Indonesia, Yogyakarta)
Despan Heryansyah (Center for Human Rights Studies, Islamic University of Indonesia, Yogyakarta)
Sahid Hadi (Center for Human Rights Studies, Islamic University of Indonesia, Yogyakarta)
Christopher M. Cason (University of Washington School of Law, United States)



Article Info

Publish Date
06 Dec 2022

Abstract

This study focuses on using religious attributes in the trial process of corruption cases in Indonesia, the judge’s consideration of the decency of a defendant, and the regulation of a defendant’s religious identity in the court decision. By identifying the judge’s perspective on a defendant's religious attributes and aspects of decency as an interpretative scheme and constructing their significance on it, this study also presents an analysis of the application of the principle of impartiality of judges and courts based on the Bangalore Principles. Impartiality itself is positioned as the bedrock of judicial integrity. With a field-based research method, this study reveals that religious identity has influenced judges and court decisions, especially considering mitigating factors in criminal sentencing. These findings indicate that the Bangalore Principles fall short of clear guidelines to counter such bias and a clear framework in Indonesia’s judiciary to restore its integrity.

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Journal Info

Abbrev

bestuur

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

The focus of BESTUUR is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Administrative Law. BESTUUR aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of BESTUUR interested in topics ...