Komunikasi yang Tidak Tepat Menimbulkan Prasangka!

Sangat umum bahwa obiter dictum disalahtafsirkan sebagai peradilan yang mengarah pada diskusi yang sangat tidak perlu, sehingga menimbulkan kegemparan di kalangan massa. Sebelum diskusi semacam itu dilakukan pada platform terbuka saluran media, sangat penting untuk memahami perbedaan antara diktum obiter dan penilaian.

Sejauh FAST (Pembantu Keuangan untuk Mahasiswa Telangana), Skema Kesejahteraan Pemerintah yang diusulkan oleh pemerintah Telangana di masa lalu, prihatin, pendapat yudisial baru-baru ini menyatakan negara pengadilan tinggi, “Telangana adalah bagian dari India … orang-orang Hyderabad. “Seperti diberitakan, Pengadilan Tinggi negara bagian menyarankan pemerintah Telangana untuk mempertimbangkan kembali GO yang dikeluarkan, dan memerintahkan untuk mengajukan petisi balik dalam waktu 6 minggu. Ada begitu banyak diskusi berbeda yang telah terjadi di berbagai podium tentang masalah ini yang mengarah pada semacam kebingungan di kalangan masyarakat umum.

Secara umum, pengamatan seorang hakim yang dibuat sebagai komentar, ilustrasi atau pemikiran yang mungkin tidak diperlukan dalam mencapai suatu keputusan disebut obiter dictum. Sebaliknya, putusan pengadilan – dalam konteks hukum – adalah keputusan resmi yang dibuat oleh pengadilan setelah proses hukum.

Dalam konteks ini, ada kebutuhan untuk memahami konsep rasio decidendi juga. Ini adalah aksioma hukum yang menunjukkan prinsip-prinsip hukum, moral, politik, dan sosial yang digunakan oleh pengadilan untuk menyusun dasar pemikiran dari jurisdiksi tertentu. Ada perbedaan besar antara dua istilah hukum obiter dicta dan rasio decidendi. Ini adalah praktik yang tersebar luas bahwa melalui doktrin stare decis – decidendi diadopsi sebagai aturan umum yang mengikat pengadilan yurisprudensi yang lebih rendah dan kemudian.

Pernyataan yudisial menjadi rasio decidendi hanya jika mencerminkan fakta dan hukum kasus yang kejam. Dari ujung yang lain, pernyataan yang tidak kritis, yang merujuk pada fakta hipotetis dan masalah hukum yang tidak terkait dianggap sebagai obiter dicta. Pengamatan menit kritis harus bahwa Obiter dicta harus dilihat sebagai pengamatan atau pengamatan yang dilakukan oleh hakim bahwa, meskipun termasuk dalam tubuh pendapat pengadilan, tidak membentuk bagian penting dari keputusan pengadilan. Tidak seperti rasio decidendi, obiter dicta bukan subjek keputusan pengadilan, bahkan jika itu merupakan pernyataan hukum yang benar. Uji Pembalikan Wambaugh yang terdiri dari lima langkah dapat secara efektif menentukan apakah suatu pernyataan yudisial adalah rasio decidendi atau obiter dicta. Dalam tes ini, argumen harus dibalik dan diperiksa untuk memastikan apakah keputusan akan berbeda, seandainya pernyataan itu dihilangkan. Dalam hal ini, pernyataan itu dianggap penting dan dianggap sebagai rasio decidendi; selain itu, ini adalah diktum obiter. Dalam kebenarannya, inti dari putusan pengadilan terletak pada rasio dan tidak setiap pengamatan ditemukan dalam kasus tersebut.

Pasal 141 dalam Konstitusi India 1949 menyatakan bahwa hukum yang dinyatakan oleh Mahkamah Agung mengikat semua pengadilan di wilayah India. Dari ujung yang lain, sebuah keputusan yudisial yang disengaja tiba setelah mendengar argumen tentang pertanyaan yang muncul dalam suatu kasus dapat menjadi preseden. Untuk memahami dan menghargai kekuatan yang mengikat dari suatu keputusan, selalu perlu untuk mempertimbangkan fakta-fakta dalam kasus di mana keputusan itu diberikan dan apa poin yang harus ditentukan.

Komunikasi yang tidak pantas akan menimbulkan prasangka. Komunikasi adalah darah kehidupan dari segala sesuatu yang pada dasarnya memiliki manusia sebagai pemangku kepentingannya. Ini adalah proses informasi melalui berbagai cara seperti pertukaran ide, perasaan, dan lain-lain. Bahkan gerakan non-verbal memainkan peran penting dalam hal ini. Seperti yang dikatakan dengan benar – bahkan perang dapat dimenangkan dengan komunikasi yang efektif. Yang sebaliknya juga menjanjikan – jika komunikasi menjadi sia-sia. Dengan demikian, timbul kebutuhan untuk memahami konsep-konsep sebelum mengambil untuk diskusi, untuk memberikan informasi kelas satu kepada massa.

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