LeIP - Lembaga Independensi Peradilan

Penulis: Dian Rosita

I. Introduction

In several countries the prominent role traditionally played by the executive branch has been weakened substantially by the creation of new institutions, usually called as Council of the Judiciary or Judicial Commission, designed to strengthen the independence of judges. The presence of such institution has become a trend in modern democratic governments. Functions, organization, or the name of such institutions however, may vary from one country to another.

In Indonesia, the idea of establishing a judicial commission was rise as a respond to the need to immediately impose a strict demarcation between the judicative and executive functions.[1] After the reassurance of the political commitment to implement the unified the various administration, personnel, financial and court management from the Ministry of Justice to the Supreme Court, a new concern arose: a single concentration of Judicial Power, a monopoly by the Supreme Court.[2] In addition, there was also a serious concern that the Supreme Court was not up to par in carrying out its tasks and wielding its authorities.[3] Based on the reason, the establishment of Judicial Commission to perform check and balance function and avoiding the potentially abuse of power by the court become important.

In 2001, the Third Constitution Amendment mandated the establishment of Judicial Commission. The Constitution stipulate that the Commission should be independent and given the authority to propose the appointment of Justices of Supreme Court and the authority to maintain and enforce the honour, dignity and the conduct of judges. Responding the mandate of the constitution, the Law number 22/2004 on the Judicial Commission was finally enacted in 15 July 2004.

However the establishment of the commission was not simple. The main problem raised was the problem of overlapping function with the Supreme Court that lead to conflict between these institutions. The unclear law and regulation caused the problems even worst. To have a clear answer of the roots of the problem, the essay will be directed towards describing and analyzing how the Judicial Commission in Indonesia exercising its role in relation with the Supreme Court.

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Tulisan selengkapnya dapat  diunduh pada link berikut iniDIAN-The_New_Judicial_Commission.pdf