IJSSH 2016 Vol.6(3): 239-242 ISSN: 2010-3646
DOI: 10.7763/IJSSH.2016.V6.650

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

Yustina Trihoni Nalesti Dewi, W. Riawan Tjandra, and Grant R. Niemann
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

Index Terms—Independence of judicial power and human rights.

Yustina Trihoni Nalesti Dewi is with the Faculty of Law and Communication of Soegijapranata Catholic University, Semarang, Indonesia (e-mail: trihoni@ unika.ac.id).
W. Riawan Tjandra is with the Law Faculty of Atma Jaya Yogyakarta University (e-mail: willyriawan@yahoo.com).
Grant R. Niemann is with Flinders Law School, Flinders University, Adelaide, Australia (e-mail: grant.niemann@flinders.edu.au).

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Cite: Yustina Trihoni Nalesti Dewi, W. Riawan Tjandra, and Grant R. Niemann, " Independence of Judicial Power as a Foundation of Human Rights Judicial Function in Indonesia," International Journal of Social Science and Humanity vol. 6, no. 3, pp. 239-242, 2016.

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