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Rumadhan, Ismail
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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INDEPENDENCE OF BUDGET MANAGEMENT TO REALIZE THE INDEPENDENCE OF JUDICIAL INSTITUTIONS Rumadhan, Ismail
Jurnal Hukum dan Peradilan Vol 10 No 3 (2021)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.10.3.2021.421-442

Abstract

The Supreme Court in carrying out the function of judicial power is carried out independently so that it is not possible for intervention from other parties that can affect its function. However, the independence of the Supreme Court has not been fully strung together in accordance with the concept of independence in the exercise of judicial power. This can be seen in the Supreme Court's budget, the amount of which is still determined by the government. This condition will certainly affect its independence, because the budget is a support for the Supreme Court in carrying out the functions of judicial power. In this discussion, the method used is normative juridical. The benefit of this research is that it can become a reference for the Supreme Court to form an independent budget pattern so that it can carry out its functions independently. The conclusion of this study is that the Supreme Court has not been able to carry out its functions independently as outlined in Article 24 paragraph (1) of the 1945 Constitution, so it is necessary to change regulations by aligning the rules so that the Supreme Court can prepare its budget independently.
THE SUPREME COURT'S AUTHORITY AS AN IMPLEMENTER OF INDEPENDENT JUDICIAL POWER IN THE RECRUITMENT OF JUDGES Teguh, Pri Pambudi; Bachmid, Fahri; Rumadhan, Ismail
Jurnal Hukum dan Peradilan Vol 11 No 2 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.2.2022.343-364

Abstract

The primary issue addressed in this study is how the Supreme Court's authority is autonomous in hiring judges with the status of state officials for judicial organizations within its jurisdiction. Because the legislation was the primary source of information, this study took a normative juridical approach. The study's findings indicate that the current legal framework is not yet fully capable of accurately regulating, thoroughly implementing, and enforcing the judicial system and pattern and judges' status as state officials. The current system and pattern of judicial recruitment continue to demonstrate the lack of transparency and uncertainty regarding the legal rules governing the recruitment pattern of judges with state official status. The existing rules retain a tenuous legitimacy because they are not governed by the Constitution, which establishes an independent Judicial Authority charged with enforcing law and justice. As a result, it will be required to enact new rules and regulations governing the system and pattern of recruitment of judges in accordance with the characteristics of judges' positions as state officials in the future to ensure the implementation and accountability of judicial responsibilities.
Co-Authors Fahri Bachmid Teguh, Pri Pambudi