Restructuring judges' independence in the criminal justice system in the perspective of pancasila
Filman Ramadhan, Suhaimi, Rizanizarli
The judicial authority is a part of executive and legislative powers aiming at judges not using their powers to arbitrary exercise their powers and not imposing the laws that are unfair towards society. Recently, judges are under judicial power that is neutral and impartial, and independent in trying without any interference from executive and legislative powers. This research aims to know the reality of judges' independence in providing decisions and trying people who are having disputes based on the values of Pancasila, hence it may provide just that is living in the society. This is normative legal research; library research is used together with the approaches of concept and values. The findings are the judges' independence is still limited in deciding criminal cases using the penal approach, judges are not trying based on the values of Pancasila, judges cannot decide for themselves hearts and they are bound to the laws. It shows that the freedom of judges personally is limited to indictment and charges brought by the prosecution office. This fact requires changes towards judges' independence in trying and deciding disputes based on Pancasila. It is aimed at making the judicial institution independent based on Pancasila's legal tradition that is more religious, humanly, and just based on living laws.
Filman Ramadhan, Suhaimi, Rizanizarli. Restructuring judges' independence in the criminal justice system in the perspective of pancasila. International Journal of Law, Volume 8, Issue 2, 2022, Pages 18-22