scholarly journals Prinsip Kebebasan Hakim dalam Memutus Perkara Sebagai Amanat Konstitusi

2016 ◽  
Vol 12 (2) ◽  
pp. 217
Author(s):  
Firman Floranta Adonara
Keyword(s):  
State Power ◽  
Judicial Independence ◽  
Electronic Media ◽  
Judicial Power ◽  
Pressure Groups ◽  
Procedural Law ◽  
Law And Justice ◽  
The Republic ◽  
The Government ◽  
Influential Individuals

The principle of judicial independence is part of the judicial power. Judicial power is independent of state power to conduct judiciary to uphold law and justice based on Pancasila and the 1945 Constitution, for the implementation of the legal state of the Republic of Indonesia, as requested Article 24 of the 1945 Constitution principle of judicial independence in carrying out his duties as a judge, it can give you the sense that judges in performing their duties of judicial power should not be bound by any and / or pressured by anyone, but free to do anything. The principle  of judicial independence is an independence or freedom possessed by the judiciary for the creation of a decision that is both objective and impartial. The Indonesian judges understand and implement the meaning of judicial independence as a responsible freedom, freedom in order corridor legislation applicable to the principal duty of the judicial authorities in accordance procedural law and regulations in force without being influenced by the government, interests, pressure groups , print media, electronic media, and influential individuals.

scholarly journals Justice in the Republic of Poland: Problems in Implementing the Principle of Independence of the Judiciary

Teisė ◽  
2021 ◽  
Vol 118 ◽  
pp. 73-89
Author(s):  
Ryszard Balicki ◽  
Agnė Juškevičiūtė-Vilienė
Keyword(s):  
Political Party ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
Judicial Power ◽  
Right Wing ◽  
Constitutional Principle ◽  
Law And Justice ◽  
The Republic ◽  
The Right ◽  
Ruling Party

The right-wing populist Law and Justice party , which came to power in 2015 in Poland, sought not only to implement its conservative and Christian ideas through the executive and the legislative powers, but also to influence the justice. This article presents an analysis of legal acts adopted or amended on the initiative of this ruling party, which shows how the judicial power has been systematically usurped by this political party, in spite of the constitutional principle of the separation of powers, and states that the principle of judicial independence has been violated.

scholarly journals SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945

Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 27-62
Author(s):  
Ihat Subihat
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Justice System ◽  
Judicial System ◽  
Judicial Power ◽  
Military Justice ◽  
Legal Structure ◽  
Library Studies ◽  
The Republic ◽  
The Government

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.

Courts between Democracy and Hybrid Authoritarianism: Evidence from the Venezuelan Supreme Court

2011 ◽  
Vol 36 (04) ◽  
pp. 854-884 ◽  
Author(s):  
Raul A. Sanchez Urribarri
Keyword(s):  
Social Control ◽  
Supreme Court ◽  
Policy Making ◽  
Judicial Independence ◽  
Judicial Power ◽  
Theoretical Discussion ◽  
Hybrid Regimes ◽  
The Supreme Court ◽  
Comprehensive Intervention ◽  
The Government

This article offers a theoretical discussion about courts in “hybrid regimes” that evolve from formerly democratic countries. The evolution toward authoritarianism typically allows governments more latitude to reduce judicial independence and judicial power. Yet, several reasons, including legitimacy costs, a tradition of using courts for judicial adjudication and social control, and even the use of courts for quenching dissent may discourage rulers from shutting down the judicial contestation arena and encourage them instead to appeal to less overbearing measures. This usually leads to a decline of the judiciary's proclivity to challenge the government, especially in salient cases. To illustrate these dynamics, I discuss the rise and fall of judicial power in Venezuela under Chávez's rule, focusing on the Constitutional Chamber of the Supreme Court. Formerly the most powerful institution in the country's history, the Chamber briefly emerged as an influential actor at the beginning of the regime, but a comprehensive intervention of the judiciary in 2004 further politicized the court and effectively reduced its policy-making role.

Pozycja ustrojowa Rady Ministrów w partyjnych projektach… Konstytucji Czwartej Rzeczypospolitej z lat 2004–2013

1970 ◽  
Vol 23 (301) ◽  
pp. 3-12
Author(s):  
Marian Kallas
Keyword(s):  
The Political ◽  
Political Position ◽  
Basic Law ◽  
Law And Justice ◽  
The Republic ◽  
The Government ◽  
Council Of Ministers ◽  
Ruling Party

The article begins with a succinct characteristic of the political position of the Council of Ministers as determined by the Constitution of the Republic of Poland dated 2 April 1997. The next portion of the text discusses the constitutional program of the Prawo i Sprawiedliwość [PiS, Eng. Law and Justice] party in 2003. It is an introduction to presenting the suggested political position of the government in non-parliamentary party projects of the Constitution in the years 2004–2013 (five texts publically available). Particular attention was devoted to PiS drafts of the Basic Law of 2005 and 2010 as coming from the ruling party in the years 2005–2007 and again since 2015.

Dismantling Checks and Balances (II): Judges and Prosecutors

2019 ◽  
pp. 96-131
Author(s):  
Wojciech Sadurski
Keyword(s):  
Judicial System ◽  
National Council ◽  
Public Prosecution ◽  
Checks And Balances ◽  
The Supreme Court ◽  
Constitutional Tribunal ◽  
The Common ◽  
Law And Justice ◽  
The Republic ◽  
The Government

After transforming the Constitutional Tribunal (CT) into an active ally of the government, the Law and Justice (Prawo i Sprawiedliwość (PiS)) party in Poland embarked upon the comprehensive subjection of the entire judicial system to the executive, and in particular to the president of the Republic and the minister of justice/prosecutor general (MJ/PG). This chapter discusses how, for this purpose, the National Council of Judiciary (Krajowa Rada Sądownictwa (KRS)) was packed with the party faithful thanks to a changed system for selecting members of the KRS (they are now directly elected by Parliament, rather than by judges). It also deals with how the effect of the new law on the Supreme Court was a brand new court composition with a pro-PiS majority: this was created by combining early retirement for incumbent judges and increasing the number of seats on the Court. The chief justice’s constitutionally guaranteed term of office has been extinguished. It also looks at another statute, on the common courts, that has strengthened the power of the MJ to control court presidents, and hold judges accountable for their verdicts through a new disciplinary procedure. Finally, the chapter looks at how the prosecutorial system (prokuratura) was merged with that of the MJ, with the MJ becoming the ex officio PG, producing a deeply politicized system of public prosecution.

СУД НАЗОРАТИ ВА СУД ҲОКИМИЯТИНИНГ МУСТАҚИЛЛИГИ СУДЕБНЫЙ КОНТРОЛЬ И НЕЗАВИСИМОСТЬ СУДЕБНОЙ ВЛАСТИ JUDICIAL REVIEW AND INDEPENDENCE OF JUDICIARY

2021 ◽  
Vol 3 (1) ◽  
pp. 48-54
Author(s):  
Нурали Жавлиев
Keyword(s):  
Political Parties ◽  
Key Words ◽  
Judicial Review ◽  
Judicial Independence ◽  
Judicial Power ◽  
Foreign Countries ◽  
Legal Foundations ◽  
The Government

Аннотация: ушбу мақолада суд назорати ва суд ҳокимияти мустақиллиги ўзаро боғлиқликда таҳлил қилишга ҳаракат қилинган. Бунда суд ҳокимияти мустақиллигининг тушунчаси ва мазмун-моҳияти, судьяларнинг индивидуал ва суд ҳокимиятининг институционал мустақиллиги масалалари ўрганилган. Калит сўзлар: суд ҳокимияти, суд назорати, суд мустақиллиги, судьяларнинг индивидуал мустақиллиги, суд ҳокимиятининг институционал мустақиллиги. Аннотация: в данной статье сделана попытка проанализировать такие взаимосвязанные категории как судебный контроль и независимость судебной власти. Изучены такие вопросы как определение и сущность понятия независимости судебной власти, индивидуальная независимость судьей, институциональная независимость судебной власти. Ключевые слова: судебная власть, судебный контроль, судебная независимость, индивидуальная независимость судьей, институциональная независимость судебной власти. Abstract: The article analyses such interrelated categories as the judicial review and the independence of the judiciary. The article examines such issues as the meaning of judicial independence, individual and institutional independence of judiciary. Key words: judicial power, judicial review, judicial independence, individual and institutional independence of judiciary. Annotation: In this article, factions of political parties, the order of their formation, scientific and theoretical views, the legal foundations of the activities of factions, opposition factions in parliament and their functions in the exercise of parliamentary control, experience of foreign countries, suggestions and recommendations on strengthening the participation of factions in the formation of the government, increasing their role in the implementation of legislation. Keywords: political parties, factions of political parties, deputies, bills, parliamentary coalitions, opposition in parliament, democratic forces bloc, parliamentary majority.

scholarly journals Position of witness in the judge power system in Indonesia

2020 ◽  
Vol 9 ◽  
pp. 254-258
Author(s):  
Yudo Adiananto ◽  
Abdul Rachmad Budiono ◽  
Tunggul Anshari SN ◽  
Iwan Permadi
Keyword(s):  
Power System ◽  
State Power ◽  
Government Agency ◽  
Judicial Power ◽  
Executive Power ◽  
Legal Problems ◽  
The Republic ◽  
The One

The prosecutor's position as a government agency that carries out state power in the field of prosecution has resulted in its own legal problems.  The Attorney General's Office, on the one hand, is part of a government agency (executive) and is carrying out a prosecution (judicial) function. There is a conflict of norms in the regulation between Article 2 paragraph (1) of Law No.  30 of 2004 concerning the Attorney General's Office of the Republic of Indonesia with Article 38 paragraph (1) and paragraph (2) letter b of Law No. 48 of 209 concerning Judicial Power. The Prosecutor's Office in carrying out its authority independently and independently in the field of prosecution is difficult to be separated from the influence of the power of the authorities, because the Prosecutor's position is under the executive power.

scholarly journals Problems with Online Criminal Justice in Criminal Procedure Law Due to the Covid-19 Pandemic

2021 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Ida Bagus Gde Subawa
Keyword(s):  
Criminal Justice ◽  
Virus Disease ◽  
Criminal Procedure ◽  
Literature Study ◽  
Criminal Cases ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Court Proceedings ◽  
The Republic ◽  
The Government

The world is in crisis due to the Covid-19 pandemic. Corona Virus Disease 2019 (Covid-19) is a disease that was first discovered in the city of Wuhan, China. The transmission of Covid-19 in the People's Republic of China (PRC) occurred in 2019 and caused the death of Chinese citizens. By early 2020, the spread had spread to every country, including Indonesia. The wide spread of Covid-19 throughout Indonesia has resulted in the government declaring a health emergency and implementing a lockdown policy by limiting activities that trigger the massive spread of the Covid-19 virus. Activities that were initially carried out offline must be carried out online, and one of these activities is court proceedings. Due to the Covid-19 pandemic, every activity, including the judiciary, is carried out online. This study aims to examine the problems that occur as a result of the implementation of online criminal justice in criminal procedural law. This research is descriptive research with a literature study method. The results of the study show that the implementation of online trials creates problems that are considered inconsistent with several principles and contrary to the Criminal Procedure Code, some of which are the validity of evidence in court, then there is an examination of the defendant in court until the last one is the personnel and equipment. which is not supported. Another problem is the Regulation of the Supreme Court of the Republic of Indonesia No. 4 of 2020 concerning the Administration and Trial of Criminal Cases in Courts Electronically which is contrary to the principles of Courts Open to the Public and Quick Trials.

scholarly journals Politik Hukum Kekuasaan Kehakiman Di Indonesia

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Wira Paskah Withyanti
Keyword(s):  
Judicial Power ◽  
Constitutional Court ◽  
Independent State ◽  
State Laws ◽  
Political Dynamics ◽  
Independent Judiciary ◽  
Democratic State ◽  
The Law ◽  
Law And Justice ◽  
The Republic

Along with the continued development of the political dynamics that occurred during the founding of the Republic of Indonesia has a significant impact on the survival and growth of judicial power. Initial ideas of placing the judicial authorities and the independent judiciary free from interference by other branches of power have a long history. In carrying out the duties of a judge must be able to manage skills and as an upholder of justice professional, kind and reliable. Since this is an important prerequisite. Because of the ebb and flow of political dynamics in Indonesia that today is a democratic state. Where Indonesia recently found his form when the reform introduced in 1998. A new independent judicial power can be realized in a more noticeable when the Suharto regime fell, and then transforms the Law No. 40 of 1970, and then followed by a change to the provisions of Article 24 of the Constitution of 1945. Political law is closely related to the judicial authorities and the judiciary is independent state authority to conduct judiciary, enforcing the law, and justice based on Pancasila, for the implementation of state laws in the Republic of Indonesia. Implementation of judicial power carried by a Supreme Court and judicial bodies underneath, which is the general courts, religious courts, military courts, administrative courts, and a Constitutional Court. Judicial power in Indonesia is an independent and independent authority charged with adjudicating and enforcing law and justice based on Pancasila and the 1945 Constitution.

scholarly journals SEPARATION OF POWERS, CHECKS AND BALANCES AND JUDICIAL EXERCISE OF SELF- RESTRAINT: AN ANALYSIS OF CASE LAW

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Magabe T Thabo ◽  
Kola O Odeku
Keyword(s):  
South Africa ◽  
South African ◽  
Separation Of Powers ◽  
State Power ◽  
Case Law ◽  
The State ◽  
The Other ◽  
Judicial Power ◽  
Checks And Balances ◽  
The Republic

The Constitution of the Republic of South Africa, 1996 creates a system in which there is a separation of the powers exercised by the different branches of the State. It also creates a system of checks and balances. The exercise of a power by one arm of state is checked by another to ensure that there is no abuse of state power. Organs of state ought to respect each other and the powers allocated to them by the Constitution. To this end, no organ of state should encroach upon the domain of the other organs. However, the courts wield enormous power because they are the ultimate guardians and custodians of the Constitution in South Africa. Courts have the power to declare any law or conduct unconstitutional. Where decisions have been taken by other arms of the State on matters falling within their exclusive domain and such decisions violate the Constitution, courts have a duty to intervene in order to make organs of state act within constitutional bounds. However, courts should not be overzealous and should not encroach upon the powers of the other arms of the State when exercising their judicial power and authority. Against this backdrop, this article analyses how the South African courts have cautioned themselves to exercise self-restraint in order not to usurp or encroach upon the powers of the other arms of the State while exercising their judicial authority and power.

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