Independence of Judicial Power in Indonesia

 By  Akhmad Zamroni

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Judicial power is a very important part of the judicial system in general and in the case court process in particular. The administration of the judicial process is carried out through judicial powers. This implies that the authority to carry out legal proceedings is in the hands of the judges.

Then, through the media or what means is the judicial power to administer this trial? The exercise of judicial power to administer the judiciary is carried out through the media or means called judicial institutions. A judicial institution can be narrowly and practically referred to as an institution called a court, but in a broad and essential sense it also refers to other institutions that have authority related to judicial processes, such as the Supreme Court and the Constitutional Court.

The emergence of the term "judicial power" in the judicial system is a form of recognition and transfer of authority by the state to judges to carry out judicial processes for various cases or legal cases that occur in the community. More concrete and more operational, conducting a judicial process in this case is "examining, hearing and deciding" cases based on applicable legal provisions and a sense of justice. Thus, it can be said that the judge is the main actor and motor in the judicial process. Judges are given the trust and authority by the state to administer the judiciary by examining, adjudicating and deciding cases in the context of upholding law and justice.

With his role as examiner, court and case decision maker, judges are given the freedom or freedom to exercise their power in handling cases. Therefore, the power of judges in handling cases is an independent power, namely free or independent. The independence of judicial power in our country is guaranteed by the 1945 Constitution Article 24 Paragraph (1) which states that "Judicial power is an independent power to administer justice in order to uphold law and justice."

Judicial power must not be intervened and influenced by any power and power, including government power and public pressure (the public). In the judicial process, it is not permissible for anyone to interfere with, influence, and pressure judges in carrying out judicial duties either by means of opinions, threats, bribes, or others. In carrying out judicial duties, judges must be given full freedom to examine and judge and make decisions based purely on legal and justice considerations.

The principle of independence or freedom of judicial power is considered very basic, permanent, and inviolable. Thus the importance of this becomes an emphasis considering that the duties, responsibilities and authority of judges in carrying out the judicial process are directly related to the enforcement of law and justice. Interference and external influence on the implementation of the duties, functions, responsibilities and authority of judges in the judiciary can cause the judge's decision to not fulfill a sense of justice, which will result in injury and tarnish efforts to enforce law and justice itself.

The independence of judges in carrying out the duties, functions, responsibilities and powers of the judiciary is the key to the creation of a judicial institution and judicial processes that are reliable (credible) and capable of producing decisions that can fulfill a sense of justice. This is of course with a note that judges (must) have high integrity, be honest, professional, and competent in carrying out their duties, responsibilities and authorities. If all of these requirements are met, the judicial process and system can be relied upon to be able to achieve its goals in efforts to uphold law and justice.

Meanwhile, despite having independent authority, on the other hand, judges are also burdened with the responsibility to pay attention to and implement certain matters related to the judicial process. According to Law no. 48 of 2009 concerning Judicial Power, in carrying out their duties and functions, judges are obliged to maintain the independence of the judiciary (Article 3 Paragraph [1]). According to the same law, judges, among others, are subject to the following provisions.

1.      Judges are obliged to explore, follow and understand the legal values ​​and the sense of justice that live in society.

2.      Judges must have integrity and personality beyond reproach, be honest, fair, professional and have experience in the field of law.

3.      Judges are required to comply with the code of ethics and code of conduct for judges.

4.      In considering the severity of the sentence, the judge is obliged to pay attention to the good and bad qualities of the defendant.

5.      In a deliberation session (between judges), each judge is obliged to convey a written consideration or opinion on the case being examined and become an integral part of the verdict.

6.      A judge is obliged to resign from the trial if he is bound by blood or similar ties to the third degree, or a husband or wife relationship even though he is divorced, with the chairman, one of the member judges, prosecutors, advocates, or clerks.

7.      The chairman of the panel or member judge is obliged to resign from the trial if he is bound by blood or similar ties to the third degree, or a husband or wife relationship even though they are divorced, with the party being tried or an advocate.

8.      A judge is obliged to resign from the trial if he has direct or indirect interest in the case being investigated, either on his own will or at the request of the party in court.