Understanding The Typology of Judge’s Behaviour in Handling Corruption Cases in Indonesia

Abstract

The objective of this paper was to analyze the types of judge’s behaviour who handle corruption cases in Indonesia based on socio-legal approach. Main issue of this paper was related to the judge’s paradigm of thinking, methods of interpretation and their moral values orientation. The data research was collected by conducting observation, interviews and document research methods. The research result showed that corruption case handling process practically does not only deal with juridical-technical and procedural matters, it also deals with some sociocultural factors which consist of paradigm of thinking, legal interpretation method and moral value orientation that each judge embraces. Those socio-cultural factors lead to the typology of judge’s behaviour in handling corruption case. First, positivist and non-positivist typology based on judge’s paradigm of thinking. Second, textual and contextual typology based on method of interpretation. Third, materialist, pragmatist and idealist typology based on moral value that each of judge embraces.