The Reinforcement Role and Function of the Judicial Commission (KY) in Constructing Clean and Impartial Judicature

Abstract

Based on The Constitution of 1945,  the article. 24 the justice authorization peak to the Supreme Court is the independent authority from the influence of government authority, but in fact the justice authority independent practice is always influenced the goverment authority which is centered on President, especially the case which is concerning to the government interest. The government hegemony is so strong to the justice authorization performance that causes a princip ” Fair and impartial judiciary “ It is always fail in the fact. Dualism in founding of justice authorization where judicial is done by The Supreme Court and judicature  administration founding is under the government ( departement of justice ) as an evident that has become one of main causes widely of goverment influence to the justice authorization performance. Since the reformation era, we clarify the principle of judge freedom independent in showing the justice authorization management in one roof  under founding the Supreme Court.

The condition of judiciary becomes one of points in (MPR) Indonesia Republic of People’s Consultative Assembly discussion, it is needed a publishing People’s Consultative Assembly (MPR) decision number: X/MPR/1998 about the point of constructing reformation in saving and normalization of national life  as state direction. Many agendas begin to be concepted, such as separating between judiciary and executive function and fix separating function and authority of law upholder apparatus. For realization the case, there is an important change in the body of judiciary power through the laws number 35, 1999 about the change on the laws number 14, 1970 about the judiciary power.

Similar to this case, appear an apprhensive that an independent of judiciary power is taken to conduct/ erase corruption practises, collusion and nepotism in the environment of judiciature in common that often happen. The agenda of eradication corruption, collusion and nepotism practises  in the judiciature environment is assessesd so important because the judiciary image reaches the lowest trust level in the society. Forming of Corruption eradication comission (KPK) is one of responses from corruption eradication in judiciary, based on the law number 30, 2002 one of Corruption eradication Comission authority (KPK) is to investigate and presecute a corruption case that happens in judiciature.

Because of several  amendement to 1945’ Constitution, so the laws number 35, 1999 about the change on the laws number 14, 1970 about the main point of the judiciary power, has adapted and changed many times, by legalizing the laws number 4, 2004 and the last laws number 48, 2009, about the  justice power.

One of six agendas of reformation that proposed is a law supreme  maintenance, respecting the Human Rights (HAM), even corruption, collusion, and nepotism eradication. The demanding is as the form of society disillusion  to practise of state  conducting that is described by deviation, including in the proccess of judiciary conducting. Judicial Comission was born as a response from reformation idea that happened in 1998.