Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Vol 5, No 1 (2022): Budapest International Research and Critics Institute February

Strengthening Guarantees of Independence of Judicial Power Post Amendment to the 1945 Constitution

Andi Muhammad Asrun (Unknown)
Raden Muhammad Mihradi (Unknown)
Nazarudin Lathif (Unknown)
Mustika Mega Wijaya (Unknown)



Article Info

Publish Date
19 Feb 2022

Abstract

Amendments to the 1945 Constitution have provided even stronger guarantees for the independence of judicial power in Indonesia. The pre-amendment Constitution only mentions the promise of the freedom of judicial power in the Explanation section of the 1945 Constitution. The Explanatory Provisions have no binding legal force. The weakness of the law became a loophole for the interference of executive power in judicial power as occurred in the era of Sukarno (1959-1966) and the era of Suharto (1966-1998). In addition to strengthening the guarantee of judicial independence, amendments to the 1945 Constitution were also established by the Constitutional Court. The Constitutional Court exercises judicial power alongside the Supreme Court and the judicial bodies. Changes to the 1945 Constitution also assign duties to the Judicial Commission to supervise judges and judicial processes.

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Journal Info

Abbrev

birci

Publisher

Subject

Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

Description

Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences is a peer-reviewed journal published in February, May, August and November by Budapest International Research and Critics University Journal (BIRCU-Journal). BIRCI welcomes research papers in ...