EFFECTIVENESS OF APPLYING PRINCIPLES OF LEGAL CERTAINTY OF JUSTICE IN THE HANDLING

The effectiveness of judges' verdict in the trial should ideally contain aspects of the rule of law, justice and expediency. In its implementation is not easy to synergize these three aspects, especially the aspect of legal certainty and fairness are usually contradictory. The results showed that the judge in examining and deciding cases not forever fixated on one principle alone. Constraints faced by judges tend to rule of law in deadlock when written provisions can not answer the problems that exist. Emphasis is more inclined to the principle of justice means should consider a law in society, which is made up of customs and unwritten laws. Judge within reason and legal considerations must be able to accommodate all the provisions that live in the community in the form of customs and unwritten laws. Emphasis tends to be on the principle of expediency over economic nuances.


A. INTRODUCTION
Effective word comes from the English that is effective, which means success or done something successful.
Efetivitas popular scientific dictionary defines as the accuracy of the use, effectiveness or support purposes.
According to Indonesian dictionary, effectively is something that no effect (consequently, influence, impression)   since starting the enactment of a law or regulation. 1 While the effectiveness itself is a state where he played for monitoring.
When viewed from the point of law, which is meant by "he" here is that the police authorities.The word itself comes from the effectiveness of effective word, which means there is a desired effect or result in an act.Any work efficiently means effective as seen from the results in terms of the goal or desired from the deed 2 .
Basically, the effectiveness of a degree of success in achieving goals.
Effectiveness is a measure in the sense of achievement of goals or objectives that had been predetermined.In sociology of law, the law has a function as a tool of social control is an attempt to achieve a balanced condition in society, which aims at the creation of a harmonious state between stability and change in society.In addition the law also has another function, namely as a tool of social engineering by which he meant as a means of renewal in society.Law can play a role in changing the mindset of people from traditional thinking patterns into patterns of rational thought or modern.
Effectiveness of law is a process that aims so that the law became effective.
When we wanted to know the extent to which the effectiveness of 2

DISCUSSION
Basically the court decision must be able to and dare heart of society.
Courts in doing work functions and duties in accordance with their conscience and dreams of the people9 .
Oversight Institution not only be the engine of the legislation, but also able to observe the life of the nation as intense.
Indeed, the judge's decision is

Judge's decision that reflects the usage
The judges' verdict will reflect the benefit, not only when the judge textual law and only pursue justice The judge, as judicial officials who carry out judicial proceedings, including judicial proceedings ta regulations, it would certainly have a great responsibility towards the birth of decision.Generated by the judges in the court idea does not pose a new problem in society, which means that the quality of the judge's decision an important effect on the environment and affected communities innate and credibility of the judiciary itself.In reality there are still many verdict in the proceedings that the juice-tru create polemics bears a new and care of the problem.B. RESEARCH METHODS This research is a normative juridical namely legal research aims to find code, norms or das sollen.Code understanding in this regard include the principle of law, legal norms, the legal system and rule of law to all devices in particular concrete legislation 7 .In accordance with the object of study that is the norm of law, this study based on the availability of form of all the publicity about the law.Publication of the law include legislation, regulation of Government, textbooks, dictionaries law, legal journals, and comments on the court decision.Materials such law, then can be divided into three (3also research at PT Jakarta, PT Yogyakarta, North Sulawesi PT and PT Gorontalo.The analytical method used in this research is qualitative analysis.Qualitative analysis method is procedure that produces descriptive data.
needed to resolve a case that he-has put forward to the court.Decisions of judges should be able to resolve the case filed, lest it exacerbate the problem, even it caused controversy among legal practitioners and the general public.Causing controversy exists verdict was the one judge who did not master the state of laws rapid development in accordance with developments of era, as well as less rigorous influenced by the judge to determine the process of taking a case.The judges' verdict should contain several aspects.First, the judge's ruling Meru-feed overview of the process of social life as part of the process of social control; second, breaking late judge is the embodiment of law and essentially useless for each person or group and also the state; Third, the judge's ruling is a picture of the balance between the provisions of the law with the reality on the ground; Fourth, the judge's ruling is a picture of an ideal awareness between law and social change, the fifth, the judge's ruling should be beneficial to all litigants; sixth, judge's decision does EFFECTIVENESS OF APPLYING PRINCIPLES OF LEGAL CERTAINTY Jurnal Pembaharuan Hukum OF JUSTICE IN THE HANDLING OF CRIMINAL CASE Volume V No.3 Sepember -Desember 2018 Elif Acar, Sugeng Sudrajat not lead to new conflicts for the litigants and the public 10 .The judges' verdict is the result of court proceedings.While the court itself as the last refuge for the seekers of justice, and therefore the judge's decision in a court of course must be filled the what is demanded by the justice seeker.Thus, the judge in deciding a case still starts on the third element of the rule of law, justice and all utilization 11 .1. Reflecting The Judge Verdict Legal Certainty The judge in settling cases per the data in court, has the task to appropriate law.The judge, is not enough to look for in the statute, because the possibility of legislation does not set out clear and Legal values that live in the ma-syarakat other no customary law and unwritten law.The judge served as penggalinya and formulating it into a decision.Decision of judges are part of the process laws enforcement overcome for the parties to the dispute.Fair for one party, not necessarily perceived as fair by the other party.This is consistent with decision, which reads: "For the sake of justice Based on God".In doubtenforcing the verdict reflects the justice, the authors analyze one of the judge's decision in the District Court Tilamuta No. 01 / Pdt.G / out of the legal issues for both parties, has judge's 15 Mahyuni, Lembaga Damai Dalam Proses Penyelesaian Perkara Perdata Di Pengadilan, Jurnal Hukum Ius Quia Iustum, Vol.16 No. 4. Oktober 2009.Yogyakarta: FH UII.decision based on the law, and has provided equal opportunities for litigants.While the element of expediency fulfillment of this decision has created for litigants, ledge polemics or conflicts for which regain the winning side of what was owed.Based on the cases described above, in order and efforts to find and do justice, the judge's decision in court should be in accordance with the true purpose, namely: first, and give to anyone what is rightfully his, which is based on a principle that throughout people are equal before the law.Emphasis is more inclined to the principle of justice can mean having to consider the laws that live in the community, which consists of habits and all contingencies unwritten law.Judge within reason and legal considerations must can accommodate any provisions that live in the community in the form of customs and unwritten laws, when me promiscuous principles of justice as a basis to decide faced.
apply the law, let weigh the outcome, whether the judge broke up late to-benefit or usage for all parties.The judge is expected to adopted laws or existing laws based on objective or keman-faatannya for litigants and society.Given the judge's decision is law, the judge must maintain in the community by means of restoring public order in the first state (restitutio in integrum.Community expects the settlement through court that will bring benefit or usefulness to the common life in the society.Hope at least judge decision to restore the balance of society, which means that the guilty parties are penalized, while the init is very difficult to be reunited in the bond's intermarried.It must be recognized that a divorce is an action or a selection of the most severe in marriage, law and justice have been ignored.Legal certainty and justice remain in the judge's decision, namely the rule of law to have provided a way out of the legal problems faced by the parties and this decision is in conformity with the legislation.Justice referred to in the decision of the judges that the equation rights and obligations and the winning side of demanding their rights as well as the losing party to fulfill its obligations.Various civil matters as te the one previously described, can be taken gathering of that judge in examining and deciding cases not forever fixed on the principle.Judge, in each case in casuistry, could only immutable of principle that one principle to another.18 Hartini, Pengecualian Terhadap Penerapan Asas Ultra Petitum Partum Dalam Beracara di Pengadilan Agama, Jurnal Mimbar Hukum.Vol.21 No. 2; Juni 2009; Yogyakarta: FH UGM.