Abstract
Free and impartial justice is a characteristic and ideal of a constitutional State. In societies with a free and open judiciary system, individuals are permitted to challenge a judge's verdict, ability to remain impartial, and conduct. This article a doctrinal research with statute, comparative, and conceptual approaches. Meanwhile, data were analyzed descriptively, consisting of quotes. The results show that impartiality legal process (free from pressure, both physical and psychological and impartial) is a characteristic of a constitutional State. In the criminal justice system has received a full principle of free and impartial justice. At the lowest level, this principle in criminal justice is played by the judge as the core apparatus of judicial power, the principle of freedom and impartiality of judges in examining, hearing and deciding cases. The treatment in a crime must always be brought to the application of the principle of impartiality or treatment as referred in the principles of impartiality. Likewise, the principle of impartiality must not only be applied to suspects or defendants, it must be interpreted including the treatment of crown witnesses, victim witnesses and their families and also cannot be ignored about the existence of the community as legal subjects who have an interest in the implementation of public law.
Highlights
Free and impartial justice is a characteristic and ideal of a constitutional State
Hasanuddin Law Rev. 6(1): 80-88 understood as a State with adequate written legal instruments, but more than, it must be supported by optimal legal instruments
The law must continue to move, change, and follow the dynamics of human life to ensure the orientation of law enforcement remains on the rail that has been outlined by the constitution as a legal ideal
Summary
Free and impartial justice is a characteristic and ideal of a constitutional State. In the development of just law, it is necessary to implement an optimal legal system through the integration of legal instruments, legal culture, and law enforcers as the frontline in conducting law enforcement. The affirmation of Indonesia as a State based on law is. This provides an answer that legal development must lead to the formation of a legal system that is based on the socio-culture of a nation Noting these things, in the development of a just law, it is necessary to run an optimal legal system through the integration of legal instruments, legal culture, and law enforcers as the frontline in conducting law enforcement. The principle of impartiality treats all people fairly and not prejudges others, care to the disadvantaged people or victims of human rights violations. It can mean as an order to provide protection for human rights. Impartial legal process (free from pressure both physical and psychological and impartial) is a characteristic of a constitutional State.7 It cannot be denied, there are many questions that are directed at the judiciary in Indonesia. To prevent the abuse of power, boundaries must be created without compromising the principle of freedom as the essence of judicial power. it is necessary to elaborate the principle of consistent impartiality, so that it can restore the spirit of judge’s freedom in deciding cases
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