Abstract

The independence of the judicial power is one of the main pillars of the rule of law, and if this component does not exist, then we can no longer talk about the rule of law. This study aimed to examine the judicial power in the Indonesian criminal justice system as an independent judiciary to enforce law and justice based on Pancasila. This research used doctrinal law research. The sources of legal information were from primary legal materials (relevant regulations and documents) for further qualitative analysis. The approach used was legislation, conceptual, and analysis in helping to solve the problem formulation. The results of the study indicated that judicial power must be free and impartial, this can only be realized if it is subject to the applicable legal rules. If the judicial power does not obey the law, then it will lose its legitimacy and its presence in a country becomes meaningless.

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