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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum PATTIMURA Legal Journal
Dhoni Martien
Faculty of Law, Universitas Jayabaya, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Reconfiguring Judicial Oversight and Judicial Independence: A Comparative Legal-Political Study of Indonesia and Türkiye Dhoni Martien; Yuliana Setiadi; Necmeddin Güney
PATTIMURA Legal Journal Vol 5 No 2 (2026): August 2026 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v5i2.25569

Abstract

Introduction: Judicial oversight is essential to maintaining judicial accountability while protecting judicial independence. However, institutional arrangements may create tensions when external supervision is constitutionally restricted or when oversight powers are concentrated within institutions subject to political influence. Purposes of the Research: This article examines the reconfiguration of judicial oversight in Indonesia and Türkiye and analyzes how constitutional and institutional changes have affected the balance between judicial independence and accountability. Methods of the Research: The study employs normative legal research using comparative, statutory, and conceptual approaches. It analyzes constitutional provisions, legislation, judicial decisions, and institutional arrangements concerning judicial appointments, discipline, and judicial oversight in both jurisdictions. Results Main Findings of the Research: The comparison identifies two distinct institutional pathways. In Indonesia, constitutional adjudication has progressively constrained the external supervisory role of the Judicial Commission, contributing to fragmented judicial accountability and strengthening internal judicial management. In Türkiye, particularly following the 2017 constitutional amendments, the restructuring of the Council of Judges and Prosecutors has concentrated judicial appointment, disciplinary, and career-related powers within a centralized framework characterized by substantial political involvement. These developments demonstrate that weaknesses in judicial accountability may arise through different institutional mechanisms: fragmentation of external oversight and centralization of oversight under politically influenced arrangements. This study contributes to comparative judicial-governance scholarship by distinguishing institutional fragmentation and oversight centralization as two pathways through which judicial accountability may be weakened. It suggests that effective judicial governance requires independent oversight institutions, clearly defined jurisdiction, transparent procedures, and safeguards against both judicial self-insulation and political interference.
Legal Protection of Share Ownership in Share Sale and Purchase Transactions That Have Not Obtained the Approval of the General Meeting of Shareholders Dhoni Martien; Achmad Vatawijaya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.8292

Abstract

In private limited liability companies, share transfers are commonly preceded by a Conditional Share Sale and Purchase Agreement (Perjanjian Pengikatan Jual Beli, PPJB), while the articles of association require prior approval from the General Meeting of Shareholders (GMS). When that approval has not been obtained, uncertainty arises as to who owns the shares and how the parties are protected. This article examines the legal consequences of such a PPJB on share ownership status and the legal protection available to the parties. It employs normative legal research using statutory, case, conceptual, and analytical approaches, with three court decisions analysed through argumentum a contrario. Applying R. Soeroso's theory of legal consequences, the study finds that the PPJB creates a valid and binding obligatory relationship but does not change the legal state of share ownership. The seller remains the shareholder, while the buyer, even after full payment, holds only a contractual right, since shareholder rights arise only upon registration in the register of shareholders under Article 52(2) of Law Number 40 of 2007 on Limited Liability Companies. The change of status is suspended until GMS approval is granted or deemed granted after 90 days under Article 59(2), the deed of transfer is executed, and the transfer is recorded. Drawing on Satjipto Rahardjo's theory of legal protection and Philipus M. Hadjon's preventive and repressive categories, the study concludes that existing protection is not yet optimal because the law does not regulate share PPJBs, the party obliged to request approval, or the consequences of a refusal on payments already made
Co-Authors Achmad Vatawijaya Necmeddin Güney Yuliana Setiadi