Indonesia Conference Directory

Constitutional Reform after fall of Soeharto-s New Order bring new direction for judiciary. Constitutional guarantee of judicial independence as regulated in Article 24 paragraph (1) of the 1945 Constitution, closing the door of dark memories in the past. In addition, in Article 24 paragraph (2) of the 1945 Constitution decide the Judiciary is held by the Supreme Court and the judicial bodies below it and a Constitutional Court. Such a strict direction of regulation plus the transformation of the political system in a democratic direction should bring about the implementation of independent and autonomous judicial powers. But in reality, even though in a democratic political constellation and constitutional arrangement that affirms the guarantee of independence of independence, in reality it does not represent the actual situation. There some problem which still remains, such as (i) the absence of a permanent format regarding the institutional relationship between the Supreme Court, the Constitutional Court and Judicial Commission, and (ii) still many efforts to weaken judiciary through many way such capturing judge. Referring to problem above, then there are gaps between what “is” and what “ought”, among others, First, by changes political configuration that tend to be more democratic, the judiciary should will be more autonomous. But in reality, various problems arise such as (i) disharmony in regulating the pattern of relations between judicial power actors, (ii) various attempts to criminalization judges over their decisions, (iii) judicial corruption. Second, by constitutional guarantee of independence of judiciary, there will be no legislation which reduced constitutional guarantee. But in reality, many legislation or regulations that still not in line with constitutional guarantee concerning judicial independence. This paper reviews and describes in depth about how to pour out and implement constitutional guarantees of judicial independence after the political transition and conceptualize its order to strengthening rule of law in Indonesia