An Overview of the Judicial Monitoring and Supervision Urgency in Making Clean Judiciary (original) (raw)

External Supervision Of The Judicial Commission Of Judges In Indonesia

Jurnal Penegakan Hukum Indonesia

Writing this made for knowing effectiveness Commission Judicial in supervision against judges in Indonesia and the causes Thing that . Case - case prosecution of judges who violate code judge ethics and violate law already Becomes phenomenon moment this . Method research used _ in this article is " research " law normative / juridical normative , data which obtained analyzed by descriptive qualitative . Analysis descriptive qualitative that is method data analysis grouping and selecting data primary in the form of law , then connected with theory - theory , principles , and rules law which obtained from studies related literature _ with object study that is Commission judicial , so that obtained answer on formulated problem . _ From result study meant found answer that role Commission Judicial in skeleton supervision against the judges yet effective . This thing caused by because among them no have authority for drop punishment administration alone to judge and no have aut...

Model of Judges Supervision for Indonesia Independent Judicial Power Implementation

Jurnal Dinamika Hukum, 2017

Judges supervision in Indonesia’s constitutional system in the future will only be performed by Judicial Commission. Judicial Commission involves Judicial Commission, Provincial Judicial Commission and District/City Judicial Commission based on each authority. The research discusses model of judges supervision to implement an independent judicial power for the future Indonesia. This research is a normative juridical research with statute approach and conceptual approach. The results show Local Judicial Commission has duties and authorities to; First, monitor and surpervise Judges’ behavior. Second, receive report from the people related to the violence of Ethic Code and/or Judges Code of Conduct. Third, verify, clarrify, ad investigate report related to presumption of violation of Ethic Code and/or Judges Code of Conduct covertly. Fourth, take legal action and/or other actions to individual, group or legal entity that degrade the honor and dignity of Judges.Keywords: Judicial Commis...

Limitation of Misconduct of Judges: Increasing The Synergy of Supervision of Judges by The Judicial Commission and The Supreme Court

Yuridika

The supervision of judges in judicial power in Indonesia is carried out by two state institutions: the Judicial Commission and the Supreme Court. Internal supervision of judges is carried out by the Supreme Court on the judicial technicalities of judges and externally by the Judicial Commission on the ethical aspects of judge behavior. However, in its implementation, there is still no explicit limit to the scope of judges’supervision between the two institutions. This research aims to provide a different perspective and new breakthrough in judge supervision, namely, setting a boundary between judicial technical violations and ethical violations in examining alleged ethical violations by judges as a form of judicial supervision. The type of research used was reform-oriented research using a statutory and conceptual approach. The results showed that the mechanism for supervising judges was regulated through the Joint Regulations of the Supreme Court and Judicial Commission on the Code...

Reformulation of the Authority of Judicial Commission: Safeguarding the Future of Indonesian Judicial Power

Jambura Law Review, 2023

Jurisdiction of Indonesian judiciary still leaves various polemics, one of which relates to decisions that are antinomian between the Constitutional Court and the Supreme Court. This research aims to describe efforts to resolve these issues through reformulation within the constitution, regarding the supervisory authority of the Judicial Commission in creating harmonization of judicial decisions in the future. This type of research is normative research. The results indicate that reformulation or redefinition of the authority of the Judicial Commission in the constitution is a gateway to optimizing the role of the Judicial Commission as a product of reform in supervising judges in issuing correct, fair, and legal certainty decisions. Regulation through the constitution is an attributive authority in which the formulation of constitutional norms in the chapter on judicial power, particularly Article of the Judicial Commission, should preferably include phrases of "safeguarding" and "upholding" the code of ethics and conduct of judges, as preventive and repressive measures to prevent antinomian decisions between two judicial state institutions from recurring.

The Position of Judges in the Indonesian Legal Idea

Rechtsnormen Journal of Law, 2023

Background. Judges are state judicial officials authorized by law to adjudicate. The role of judges is very important in the judicial order in Indonesia. Purpose. As we know, the Indonesian government system adheres to the trias politica, namely the legislative body as the legislator in this case the DPR, the executive body, namely the government and its cabinet and finally the judicial body, namely the judiciary. Method. The writing of this article cannot be separated from the name of the research method, because in scientific writing the method is a necessity which is the perfect and effective condition of a research result Results. In addition to the government system, the Indonesian legal system is known to follow the European-Continental legal system where the law will be based on the law or what is known as "law in book". Legal issues that are increasingly complex corner the enforcers of justice (read judges) are hit by many problems that are often not found in the law. Judges who must decide based on the law and on the other hand they cannot be absent from their profession in adjudicating, however they must decide for the sake of justice and human truth. Conclusion. In this article, the author seeks to explain the position of judges in finding law by writing articles using a qualitative and normative (doctrinal) approach as a type of research.

The Revitalization of the Indonesian Legal System in the Order of Realizing the Ideal State Law

2021

It can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and histo...

The Basis of Judges' Authority in Adjudicating Criminal Cases in the Perspective of Judicial Power in Indonesia

Journal of Law, Policy and Globalization, 2018

The writing is entitled: The Basis of Judges' Authority in Adjudicating Criminal Cases in the Perspective of Judicial Power in Indonesia. This writing examines the basis of judges' authority to adjudicate criminal cases by comparing between the provisions of Law No. 8 of 1981 on Criminal Procedure Law (based hereinafter referred to as Criminal Code Procedures) with the provisions of Law Number 48 of 2009 on Judicial Power (hereinafter referred to as the Judicial Power Law) based on legislation approach and case approach. The results of this paper show that the basis of judges' authority to adjudicate the criminal cases in the perspective of judicial power is based on the presence of justice and judicial power in the framework of law and justice enforcement. Keywords: Basis of Judges’ Authority, Adjudicating Criminal Cases, Judicial Power

Implementation of Good Court Governance Principles to Order the State Courts System in Indonesia

SSRN Electronic Journal, 2014

This research is aimed to analyze the implementation of the Good Court Governance Principles in of the State Courts system, knowing the factors that affect the implementation of the principles of Good Court Governance and determines governance model of State Administrative Agency that reflects the implementation of Good Governance Court. With regards to the type of research by the author which is a normative study, the type of data used in this study is secondary data. Secondary data is data obtained from books, literature, legislation, papers, articles, materials on the Internet, research results in the form of reports and other resources related to this research. Ultimately, this research finds that the execution of the decision in the State Administrative Court under the provisions of Article 116 of Law No. 51 of 2009, not all can be applied as it faces several obstacles. For that, the administrative courts seeking to apply the principles of accountability, transparency and the rule of law as part of the GCG

The Ideal Concept of Court Ethics in the Constitutional System of the Republic of Indonesia

International Journal of Law and Society, 2024

This research is normative juridical research with the approach used being a statutory approach and a conceptual approach with the aim of analyzing a number of statutory regulations and finding the conceptual ideal of Ethics Court in the Constitutional System of the Republic of Indonesia. The research results show that the formation of ethics enforcement institutions can be found in various forms, it can be an organ attached to the institution it supervises (internal) or one that exists as a separate institution (external). Debates began to arise when the lack of uniformity in the institutional form of ethics supervisors was considered to affect the procedures and quality of ethics enforcement itself. Therefore, this research concludes that the ideal concept of Ethics Court in the future should have a constitutional and juridical position as part of judicial power with the following conception: First, Ethics Court institutions are constructed independently and separately from the judicial institutions of the Supreme Court and Constitutional Court by forming an Ethics Court, so that in the future the implementation of judicial power in Indonesia it consists of 3 (three) judicial institutions, namely the Supreme Court and its subordinate judicial institutions, the Constitutional Court, and the Ethics Court. Second, the Ethics Court was constructed as the first and final ethics court by supervising institutions that enforce codes of ethics and codes of behavior that have existed so far by consolidating and reorganizing institutions with uniformity as ethics monitoring institutions in each state institution. Third, filling positions and/or membership of the Ethics Court must be carried out openly and can be participated by all Indonesian citizens who meet the requirements. Fourth, the work of the Ethics Court must apply the principles of openness, independence and accountability like the judiciary in general.

Significancy of Immediate Enactment of the Draft of Indonesian Criminal Code (RKUHP) to Ensure Judge’s Full Compliance with Article 5 (1) of Law No. 48 of 2009 on Judicial Authority

Jurnal Humaya: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya

The Criminal Code that is currently applied in Indonesia is a product of colonialism law which originates from the Dutch Wetboek van Strafrecht voor Nederlands Indie and has been adopted since 1918. In its article 1 paragraph (1) stipulates legality principle; that no action can be punished unless with a pre-existing criminal law provision. However, the Article 5 paragraph (1) of the Law No. 48 of 2009 stipulates that a judge must delve, follow, and understand the living legal norms and values that are felt by the society. These living norms and values are not written and most certainly not enacted unlike the written law. However, they are crucial in upholding community’s sense of justice, and the Law on Judicial Authority has obliged judge to pay great attention to those values. In the Draft, the living laws are accommodated in its article 2 and article 12(2). This study examines the importance to immediately enact the Draft to help realizing judge’s ideal as stipulated in Article ...