The Guarantee Of Independence Of Judicial Power Post-Amendment Undang-Constitution 194

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Sufmi Dasco Ahmad


The amendments of the 1945 Constitution have provided a stronger guarantee for the independence of the judiciary in Indonesia. A new phenomenon in parliamentary decisions related to judicial power. The pre-amendment 1945 Constitution only mentions the guarantee of the independence of the judiciary in the Elucidation of the 1945 Constitution, whose legal force is not as strong as stated explicitly in Article 24 of the post-amendment 1945 Constitution. The explanation of the constitution does not stipulate a legal norm. On the other hand, the body of the constitution regulates binding norms. The absence of legal norms has become a gap for the practice of interfering with the executive power in the judiciary, as happened in the era of Sukarno's Guided Democracy and Suharto's New Order era. This study concludes that there is a strengthening of the guarantee of the independence of judicial power after the amendment to the 1945 Constitution.

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