EVOLUTION OF INDONESIAN JUDICIARY: FROM STRUGGLE OF INDEPENDENCE TO CRISIS OF ACCOUNTABILITY

Abstract

The history of the Indonesian judiciary includes elements of irony. During authoritarian rule under Sukarno's era (1959–1966) and Suharto's era (1966–1998), judges put up long struggles to gain judicial independence. However, after amendments to the 1945 Constitution in 2001–2002, when the judiciary gained independence, the judiciary’s reputation became marred with high-profile corruption cases and ethical violations. Therefore, this study uses normative legal research methods. The researchers found that the history of the Indonesian judiciary evolved from a crisis of independence in the authoritarian era to a crisis of accountability in the era of democratic transition. The two authoritarian governments limited the judiciary’s independence through legal provisions. Unfortunately, despite the positive developments from gaining judicial independence, the Indonesian judiciary suffers from an accountability crisis, as seen through the arrests of several judges for bribery. This crisis of judicial accountability has resulted in a distrust of judges within Indonesian society.