Independence of Judicial Power as a Foundation of Human Rights Judicial Function in Indonesia

Dewi, Yustina Trihoni Nalesti and Tjandra, W Riawan and Niemann, Grant R (2016) Independence of Judicial Power as a Foundation of Human Rights Judicial Function in Indonesia. International Journal of Social Science and Humanity, 6 (3). pp. 239-242. ISSN 2010-3646

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Abstract

The amendments to the 1945 Constitution of the Republic of Indonesia resulted in fundamental changes being made to the structure, position and function of all state institutions including the judiciary. These amendments were designed to influence and foster the growth of new values including democratic freedoms, people’s sovereignty, protection of human rights, checks and balances, transparency, participation, accountability, and the rule of law. Unfortunately the provision of a fair trial is still not ensured before the Human Rights Court in Indonesia, despite fair trial guarantee being enshrined in the 1945 Constitution. What is before the law and according to law in fact is not in accordance with before the court and according to the court. There are still weaknesses in the judicial system of human rights with the position located between the existence of the guarantees of judicial power independence set in textual - explicit in the constitution (normative-theoretical context) and the needs for the practice of human right courts through the decisions that protect human rights substantively (factual-applicative context) requires a re-conceptualization of the position and function of the human right court based on the philosophy on the independence of judicial power

Item Type: Article
Subjects: 300 Social Sciences > 340 Law > International Law
300 Social Sciences > 340 Law > 348 Laws, regulations & cases
Divisions: Faculty of Law and Communication
Depositing User: Ms Trihoni Nalesti
Date Deposited: 07 Sep 2020 06:22
Last Modified: 07 Sep 2020 06:22
URI: http://repository.unika.ac.id/id/eprint/21773

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