Application of Transparency and Equality of Handling Principle in Settlement of Complaint in Indonesian Judiciary

Abstract

Democratic countries embrace and incorporate the principle of transparency in every policy they made to ensure good governance. One example of transparency in the judiciary is one day publish. Transparency in justice system is closely related to settlement of complaint both in the procedural law and the court judgment. There are four steps of settlement in the judicial system: first, written complaint. Recently, the Supreme Court develops an application to handle complaint called Monitoring Information System (hereinafter referred to as SIWAS). Development of SIWAS is based on Act Republic of Indonesia Supreme Court Regulation No. 9 of 2016 on Whistle Blowing System. Second, declaring clear information. Third, addressing the complaint to where the defendant works. Lastly, submitting the complaint to complaint desk. Legal and economic justice for the defendant is important to consider in handling of complaint due to economic responsibility of the defendant (a civil servant or a judge at the Judiciary) to other parties such as husband/wife, children, parents, etc. There is an adage in handling of complaint, “The higher the rank, the more to do with politics”.

Keywords: Application of transparency and Equality, Complaint, Public Service, Indonesian Judiciary.