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Appears in Collections:Faculty of Social Sciences Journal Articles
Peer Review Status: Refereed
Title: The view of Judicial Activism and Public Legitimacy
Author(s): Mustafa, Cecep
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Keywords: Judiciary
political accountability
public acceptance
sentencing to rehabilitation
Issue Date: 6-Apr-2021
Date Deposited: 31-Mar-2021
Citation: Mustafa C (2021) The view of Judicial Activism and Public Legitimacy. Crime, Law and Social Change.
Abstract: The underlying legitimacy issue that underpin sentences related to issues of drug use remains unexplored. It is this relationship between legitimacy and Indonesian judges' accountability when sentencing that this article explores. Judicial activism, and the perceived public legitimacy when sentencing minor drug offenders is presented. To gain an insight into the judicial aim of sentencing minor drug offenders, 31 judges were qualitatively interviewed. Drawing together the findings of judicial activism and public legitimacy, the report concludes that judicial activism is influenced by Islamic culture. Moreover, it finds that Islamic culture is more sympathetic, in comparison with the central government, which is more punitive, with regards to the ways in which the Indonesian judge utilises Islamic culture to support the rehabilitative problem-solving sentences. This report discusses a direct accountability mechanism that is not dissimilar to political accountability in the Anglo-Saxon legal scheme.
DOI Link: 10.1007/s10611-021-09955-0
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is a post-peer-review, pre-copyedit version of an article published in Crime, Law and Social Change published by Springer. The final authenticated version is available online at:
Notes: Output Status: Forthcoming/Available Online

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