Constitutional Court Decisions on the Judicial Independence of Other Indonesian Courts

Abstract

Judicial independence is a foundational principle of the Indonesian Constitution. It guarantees the independence of all Indonesian courts. However, most of the cases the Constitutional Court has handled relating to judicial independence have concerned the Constitutional Court’s own independence, focusing, for example, on issues of judicial tenure and terms. This paper examines the handful of Constitutional Court decisions about the judicial independence of other courts and judges in Indonesia – that is, non-constitutional courts and judges. It examines what the Constitutional Court has said about judicial independence in relation to these other courts. It then considers whether, by emphasising (perhaps overly) strict observance of judicial independence, these Constitutional Court decisions compromise effective judicial accountability and administration.