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Measuring the Consistency of Pancasila Rule of Law Implementation in Ensuring Judicial Independence in Indonesia Adies Kadir; Gunarto Gunarto; Abdullah Al-Monzur Hussain; Mohammad Abu Taher
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i2.45933

Abstract

This study examines the consistency of the implementation of the Pancasila State of Law in guaranteeing judicial freedom in Indonesia, as stipulated in Article 1 paragraph (3) and Article 24 paragraph (1) of the 1945 Constitution. The Pancasila State of Law integrates the rule of law, protection of human rights, the principles of legality, and judicial independence with Pancasila values that are philosophical, ethical, and religious. Judicial independence, as a key pillar, requires judges to be free from external intervention to produce fair and objective decisions. However, its implementation faces challenges, such as a history of executive intervention, the quality of human resources, and corrupt practices, collusion, and nepotism. This study uses a juridical normative method, analyzes laws and regulations, legal doctrine, and judicial practices in Indonesia, and compares them with the Dutch and United States judicial systems. The results show the need for legal reconstruction through strengthening the guarantee of the position of judge, transparent recruitment, separation of powers, independent budget management, and improving the appeal and cassation mechanisms. This reform will ensure an independent, professional, and integrity judiciary, in line with the values of Pancasila.
Beyond the Basics: Examining the Consequences of Substandard Law Textbooks in Legal Education in Developing Countries Abu Hena Mostofa Kamal; Mohd Zakhiri Md. Nor; Mohammad Abu Taher; Mohammad Abdul Matin Chowdhury
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.240

Abstract

Law graduates play a critical role in shaping the legal system and ensuring justice. To provide them with the necessary knowledge and skills, it is essential to have proper educational resources, especially qualitative law textbooks. This article evaluates the need for qualitative law textbooks for proper education of law graduates in law schools by taking Bangladesh as a case study and critically assesses the impact of the lack of quality textbooks on law students. The study shows that qualitative law textbooks are essential for students to develop a comprehensive understanding of the legal system, its principles, and the interpretation of laws. Lack of quality textbooks has a detrimental impact on law students in Bangladesh, hindering their research and academic progress and affecting the quality of legal education. This article argues that it is imperative to ensure the availability of qualitative law textbooks to provide the necessary educational resources for law students in Bangladesh. The study highlights the significance of qualitative law textbooks in legal education and calls for necessary measures to address the issue of insufficient textbook quality to improve legal education in Bangladesh.