Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Building Judge Integrity to Achieve Judge Independence Related to Judicial Decisions Through Optimization of External Supervision

Author(s): Henry Indraguna, Faisal Santiago

Judges, as part of law enforcement, are expected to uphold the principles of law and the realization of justice as the main goal of the law. However, this process does not always happen linearly. The independence of judges is balanced by accountability. Both independence and accountability are like two sides of a coin. These two aspects are interconnected and impossible to separate as it must be said that there is no freedom without accountability. Many factors cause the weak integrity of individual judges as law enforcement officers, including a weak understanding of religion, economics, non-transparent recruitment processes, interference from the authorities, and weak external supervision. The results of the judge's research are independent and fair in deciding a case. The decision can certainly be accepted by all parties and does not cause controversy among the community. It can also foster the trust of all people in the judicial process. Right now, the integrity of judges has not yet been fully realized. To this day there are decisions in cases that benefit certain parties. A judge is bound by a judge’s professional code of ethics which requires them to be honest and fair with integrity. This means, in handling cases, judges must be independent and have the integrity to ensure that the decisions issued can fulfill a sense of justice. External supervision of judges requires optimization by giving the authority to set sanctions and not only provide recommendations. The current Judicial Commission, an institution that is given the authority to supervise judges, is constrained by the Supreme Court since they are the institution that evaluates the sanctions against the judges who have violated their integrity.

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