DISSENTING OPINION DALAM PUTUSAN PERKARA PERDATA : STUDI KASUS TERHADAP PUTUSAN YANG DITOLAK MAYORITAS HAKIM (PUTUSAN MAHKAMAH AGUNG NOMOR 1048 PK/PDT/2020)

The phenomenon of dissenting opinions has become a common issue related to the effectiveness and influence of dissenting opinions in maintaining justice and public trust in the judicial system in Indonesia. The first problem identified in this study is the role of dissenting opinions in court decisions in Indonesia, particularly in Supreme Court Decision Number 1048 PK/Pdt/2020. Second, how do dissenting opinions influence the quality of civil justice system development in Indonesia? This study aims to analyze the application of dissenting opinions in civil cases based on Supreme Court Decision Number 1048 PK/Pdt/2020 and their influence on the development of the judicial system in Indonesia. The method used is normative juridical with a case study approach and analysis of related laws. The results of the study show that although dissenting opinions do not change the majority decision, their existence is important in increasing transparency and providing space for criticism and reflection for future legal development. This study concludes that dissenting opinions are not a problem, but rather an important element that needs to be considered and developed for the quality of the Indonesian legal system.
Keywords: Dissenting Opinion, Civil Cases, Supreme Court, Indonesian Judicial System, Legal Development