BADUNG-fajarbali.com | Five academics from the Department of Law and Citizenship, Ganesha Education University (Undiksha), namely, Dr. Dewa Gede Sudika Mangku, SH, LL.M., Prof. Dr. Sukadi, M.Pd., M.Ed., Dr. I Nengah Suastika, M.Pd., Ni Putu Rai Yuliartini, SH. MH., and Made Sugi Hartono SH., MH., were specially invited by the Leadership of the Indonesian People’s Consultative Assembly (MPR) Study Body to discuss the Arrangement of Judicial Power at the Sovereign Bali Hotel, Kuta, Badung, a few days ago. Activities packaged in Focus Group Discussions (FGD) are one method for obtaining input or corrections to the concept of recommendations regarding the Structuring of Judicial Power in the form of objective and measurable results made by academics scientifically in accordance with the scientific field.
The results of this FGD will be used as a reference for the MPR in determining the ideal formulation to be included in a recommendation, including as a basis for input if changes to the 1945 NRI Constitution are to be implemented. law. This demand is due to the fact that law enforcement agencies before the reform era, including the courts as actors of judicial power, were prone to interference from power and political interests. One of the reasons that the courts were suspected of being vulnerable to intervention in the pre-reform era was because of the provisions in the body of the Constitution of the Republic of Indonesia in 1945 (1945 Constitution of the Republic of Indonesia) before the amendment did not expressly state one of the basic principles for judicial power, namely that judicial power is an independent power.
The weak legal umbrella for the independence and impartiality of judicial institutions in the New Order era has caused judicial institutions to be easily intervened by institutions outside the court.
On that basis, when changes were made to the 1945 NRI Constitution, especially the third and fourth amendments in 2001 and 2002, the People’s Consultative Assembly (MPR) made changes to the Chapter on Judicial Power, namely Article 24 of the 1945 NRI Constitution.
Approaching almost two decades after the implementation of the reform of judicial power through changes to the 1945 Constitution and its derivative regulations, it is felt that there has been a change in the implementation of the function of independent judicial power compared to the previous era, however, the public still feels that the dignity of the court is not yet fully respectable, authoritative, dignified, trustworthy and has the same working standards. high accountability in exercising its power.
There are several problems felt by the public, especially regarding the continued existence of judicial mafia practices in all their forms. As data, based on records from the Corruption Eradication Commission (KPK), shows that since the KPK was founded in 2018, as many as 24 judges have been legally processed for being involved in corrupt practices.
This judicial mafia practice is suspected to be the result of the practice of absolute independence without good control which will not produce accountability and tends to result in abuse of power.
In the FGD, all academics from the Undiksha Singaraja Department of Law and Citizenship appeared to be united in restoring the dignity of the MPR as a high state institution by prioritizing Pancasila as the source of all legal sources.
There are also resource persons from the Study Agency, namely, Martin Hutabarat, S.H., Agustina Wilujeng Pramestuti, SS., Drs. Agun Gunandjar Sudarsa, Bc.IP., M.Sc., Muslim, S.HI., M.M., Dr. H. Adang Sudrajat, M.M., M.AV., Dr. H. Bambang Sadono, S.H., M.H
and Abdul Aziz, S.H. (where)
