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Sergiy Denysenko
Sumy State University, Sumy

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Judicial Independence and the Rule of Law in Democratic Governance: An International Legal Perspective Dijan Widijowati; Sergiy Denysenko
Law and Democracy Insight Vol. 2 No. 2 (2024): December 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-316

Abstract

Judicial independence is a fundamental element of democratic governance because it ensures impartial justice, protects human rights, and upholds the rule of law. Previous analyses often evaluated judicial autonomy through general literature reviews without grounding the discussion in explicit statutory frameworks. To address this gap, this study employs a normative juridical method to analyze the statutory foundations of judicial independence and fair trial guarantees. The analysis focuses primarily on Law No. 12 of 2011 on the Establishment of Laws and Regulations (as amended by Law No. 13 of 2022) and Law No. 48 of 2009 on Judicial Power, examined alongside international legal instruments including Articles 8, 10, and 11 of the Universal Declaration of Human Rights (UDHR) and Articles 2(3) and 14 of the International Covenant on Civil and Political Rights (ICCPR). The findings indicate that while statutory provisions provide explicit guarantees for judicial autonomy, practical enforcement remains vulnerable to political interference and institutional capture. This study concludes that aligning administrative regulations with statutory standards under Law No. 48 of 2009 is essential for sustaining democratic governance and the rule of law.
Co-Authors Dijan Widijowati