Greenation International Journal of Law and Social Sciences
Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September

The Independence of Constitutional Court Judges Amid Political Polarization

Selviana Teras Widy Rahayu (Universitas Borobudur, Jakarta, Indonesia)
Richard (Universitas Borobudur, Jakarta, Indonesia)



Article Info

Publish Date
22 Nov 2025

Abstract

The Constitutional Court is one of the judicial authorities, alongside the Supreme Court as referred to in Article 24 paragraphs (1) and (2) of the 1945 Constitution of the Republic of Indonesia. However, the problem that arises is when the credibility of Constitutional Court judges, who are supposed to guarantee substantive justice, is tarnished by acts of corruption and irresponsibility. This raises questions about how to supervise them, because the interests and subjectivity of judges are also reflected in the decisions they make, which can ultimately result in unfair and incorrect decisions. Furthermore, the controversy surrounding Constitutional Court Decision Number 90/PUU-XXI/2023 has sparked debate about the judges' bias in making decisions related to political interests. The expansion of authority without a credible and reliable oversight process and institution has proven to be a problem in the Constitutional Court with the newly formed Honorary Council. This study uses a normative legal method with reference to applicable laws and regulations, cases, and concepts. The purpose of this study is to determine the independence of Constitutional Court judges Constitutional Court judges amid political polarity and to examine oversight of Constitutional Court judges, especially given the final and binding nature of their decisions. In addition, to date, the Constitutional Court is not a state institution that has an oversight body. We must not allow decisions made to undermine the democratic order and allow room for intervention in the work of Constitutional Court judges as guardians of the constitution.

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Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...