Legal Construction of the Consequences of a Judge’s Verdict Proven to Involve Receiving Gratuities in Adjudicating a Case

DOI

10.2991/978-2-38476-519-5_25How to use a DOI?

Keywords

Annulment of Verdict; Gratuities; Judge; Judicial Integrity; Legal Consequences

Abstract

Judicial integrity is a key pillar of law enforcement and substantive justice. When judges accept gratuities in return for case decisions, they violate judicial ethics and cast doubt on the validity of their rulings. This study analyzes the legal consequences of such verdicts based on the principle of nemo judex in propria causa and the theory of due process of law. The method employed is normative legal research, utilizing statutory, conceptual, and case approaches by analyzing court decisions, legal doctrines, and relevant legislation, particularly the Criminal Procedure Law, Supreme Court Act, Judicial Power Act and the Anti Corruption Law. The study’s results indicate that judicial decisions rendered under conditions involving gratuities may be considered both legally and ethically flawed. Within the framework of Indonesia’s positive law, such decisions may be annulled through extraordinary legal remedies such as judicial review (Peninjauan Kembali or PK) based on the existence of new evidence (novum) or abuse of authority. In addition, these decisions also implicate the criminal liability of the judge and raise the potential for a miscarriage of justice for the parties involved. Therefore, a precise legal construction of the consequences of such rulings is essential to safeguard the legitimacy of the judiciary and ensure legal certainty and justice within Indonesia’s criminal justice system.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Erwan Adi Priyono
AU  - I Gusti Ayu Ketut Rachmi Handayani
AU  - Muhammad Rustamaji‬
PY  - 2025
DA  - 2025/12/29
TI  - Legal Construction of the Consequences of a Judge’s Verdict Proven to Involve Receiving Gratuities in Adjudicating a Case
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 309
EP  - 328
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_25
DO  - 10.2991/978-2-38476-519-5_25
ID  - Priyono2025
ER  -