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All Journal Journal Customary Law Sultan Adam : Jurnal Hukum dan Sosial
Ismu Bahaiduri Febri Kurnia
Universitas Borobudur
Law, Crime, Criminology & Criminal Justice

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Reconstruction of the Authority of General Court Judges in Filling Legal Vacuum as an Effort to Strengthen Legal Certainty and Substantive Justice Ismu Bahaiduri Febri Kurnia; Riswadi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5840

Abstract

In order to improve the balance between substantive justice and legal certainty in the Indonesian legal system, this study attempts to rebuild the power of general court judges to close legal gaps. In contrast to Article 24, paragraph 1 of the Republic of Indonesia's 1945 Constitution and Article 5, paragraph 1 and Article 10, paragraph 1 of Law Number 48 of 2009 concerning Judicial Power, judges have the normative legitimacy to investigate the legal values that exist in society rather than rejecting cases because the law is unclear or nonexistent. However, in practice, there are no systematic parameters regarding the limits of judicial discretion and methodological standards for legal discovery, thus potentially giving rise to inconsistencies and disparities in decisions. The study employs a normative juridical method with a statutory and analytical approach to examine normative construction, theoretical and practical problems, and formulate a model for reconstructing judges' authority based on the constitution, proportionality, and accountable legal arguments. The research findings indicate that more structured normative parameters and methodological guidelines must ensure that filling legal gaps remains within the framework of legislative supremacy and achieves substantive justice consistently and measurably.
Legal Reform on the Supervisory Mechanism of Supreme Court Judges in Realizing Accountable Judicial Independence Based on Legal Certainty Ismu Bahaiduri Febri Kurnia; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2214

Abstract

This study aims to analyze the legal provisions of the Supreme Court's supervisory mechanism, identify problems that hinder the realization of accountable judicial independence, and formulate legal reforms for the supervision of Supreme Court judges based on legal certainty. The study uses a normative juridical method with a statutory and conceptual approach. The findings of the study suggest that the oversight of Supreme Court judges is governed by the 1945 Constitution of the Republic of Indonesia, the Law on Judicial Power, the Law on the Supreme Court, and the Law on the Judicial Commission. This oversight is implemented through both internal and external supervisory mechanisms. However, various problems remain in the form of overlapping authority between the Supreme Court and the Judicial Commission, unclear boundaries between ethical and technical judicial supervision, weak institutional coordination, and less than optimal effectiveness of follow-up on supervisory results, resulting in legal uncertainty and declining public trust in the judiciary. Legal reforms need to be carried out through regulatory harmonization, affirmation of the division of supervisory authority, strengthening the position of Judicial Commission recommendations, increasing transparency of the supervisory process, and establishing an integrated supervisory system capable of maintaining a balance between the independence and accountability of judges. These reforms are expected to strengthen judicial integrity and ensure legal certainty in the administration of judicial power.
Co-Authors Riswadi Zainal Arifin Hoesein