Abstract
Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in judicial power at various courts. The objective of this research is to understand the developments in the endeavors towards bringing the Indonesian judicial system under the one roof judicial arrangement developed by the Supreme Court. The type of research applied is descriptive normative juridical research, namely legal research based on examining secondary data. As the research results indicate, the one roof system developed by the Supreme Court is already being implemented, with the exception of the Military Court and the Tax Court within the State Administration Court jurisdiction.
Highlights
The 1945 Constitution of the State of the Republic of Indonesia, in the third amendment adopted on November 10, 2001, reasserts that Indonesia is a state based on the rule of law.2 The main principles of a state based on the rule of law are the principles of legality, independent judiciary, and the protection of human rights
One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects
Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in judicial power at various courts
Summary
The 1945 Constitution of the State of the Republic of Indonesia, in the third amendment adopted on November 10, 2001, reasserts that Indonesia is a state based on the rule of law. The main principles of a state based on the rule of law are the principles of legality, independent judiciary, and the protection of human rights. Ministration requires certain powers, and such powers are limited by law.. Ministration requires certain powers, and such powers are limited by law.4 Related to power, another doctrine which has contributed to the creation of the idea of state based on the rule of law has been Montesquieu’s doctrine on the separation of powers. Montesquieu states as follows: “Again there is no liberty, if the judiciary power be not separated from legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would be the legislator. Were it joined with the executive power, the judge might behave with violence and oppression”.5
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