Syura: Journal of Law
Vol. 4 No. 1 (2026)

From Political Subordination to Instituional Autonomy? The Historical Transformation of Juridical Independence in Indonesia

Muh. Sabaruddin Sinapoy (Universitas Halu Oleo)
Guswan Hakim (Universitas Halu Oleo)
Firman Tobelo (Universitas Halu Oleo)
I Gede Arya Arimbawa (Universitas Halu Oleo)
Iktimal Camari (Universitas Halu Oleo)
La Ode Muh. Fajar Indasa (Universitas Halu Oleo)
Rahmat Manaf (Universitas Halu Oleo)
Tiara Ayuni Wulandari (Universitas Halu Oleo)



Article Info

Publish Date
01 Nov 2026

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.

Copyrights © 2026






Journal Info

Abbrev

syura

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Syura is a journal of Law, published biannually: on Februari and August by Constitutional Law Department, Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan, Indonesia. The objective of Syura is to offer the highest quality research to the broadest possible audience. The Editorial aims to ...