Tiara Ayuni Wulandari
Universitas Halu Oleo

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From Political Subordination to Instituional Autonomy? The Historical Transformation of Juridical Independence in Indonesia Muh. Sabaruddin Sinapoy; Guswan Hakim; Firman Tobelo; I Gede Arya Arimbawa; Iktimal Camari; La Ode Muh. Fajar Indasa; Rahmat Manaf; Tiara Ayuni Wulandari
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.1113

Abstract

his study examines the historical transformation of judicial independence in Indonesia from the Old Order and New Order to the Reform Era, focusing on changes in institutional mechanisms through which political authority may influence the judiciary. It employs normative legal research using statutory, historical, and conceptual approaches. The primary legal materials include the 1945 Constitution of the Republic of Indonesia and its amendments, alongside legislation governing judicial power across different political periods. The findings demonstrate that judicial independence evolved from explicit legal authorization of presidential intervention during the Old Order, to administrative control through the dual-roof system during the New Order, and subsequently to stronger institutional autonomy through the one-roof system in the Reform Era. Although constitutional and legislative reforms strengthened formal guarantees of judicial independence, institutional autonomy alone does not necessarily ensure substantive independence. Transparent judicial appointments, clearly defined oversight mechanisms, accountability, and professional integrity remain essential to protecting impartial adjudication. The study argues that judicial independence should be understood not as a completed outcome of legal reform, but as an ongoing institutional process shaped by the interaction between constitutional guarantees, governance arrangements, and professional practices. This historical perspective helps explain how potential mechanisms of political influence may change even as formal protections for judicial independence become stronger.