Strengthening the Role of the Judicial Commission Through Innovative Strategies to Balance Independence and Impartiality with Judge Accountability

Abstract

The role of the Judicial Commission is very important in the power of the judiciary because one of the forms of state administration in Indonesia is helping to implement an integrity system in the exercise of judicial authority. Besides that, it is also stated in Article 24B paragraph (1) of the Constitution that the Judicial Commission is independent in nature which has the authority to propose the appointment of Supreme Court justices and has other powers in the context of maintaining and upholding the honor, dignity, and behavior of judges. The enactment of Law Number 8 of 2011 is one form of strategy in strengthening checks and balances in judicial power. as for the research method used in this study is a normative legal research method. Furthermore, it is unfortunate that the external authority granted by Law Number 22 of 2004 and has been amended by Law Number 18 of 2011 concerning the Judicial Commission, is very limited, and the limited powers were later amputated by the decision of the Constitutional Court. This limited authority belongs to the enforcement of the Code of Ethics for the Code of Conduct for Judges (KEPPH). This authority is clearly not optimal and then becomes an obstacle for the Judicial Commission in designing innovative strategies in balancing judicial power through Independence, Impartiality and Accountability in the implementation of Judges containing fair decisions.