Efforts to Build Budget Independence in the Constitutional Court of Indonesia to Create Judicial Independence

DOI

10.2991/978-2-38476-315-3_37How to use a DOI?

Keywords

Constitutional Court; Independence; Budget; Branch of Power; Check and Balances

Abstract

Currently, budget management in the Constitutional Court as one of the judicial institutions in Indonesia has not been separated from the role of the executive and legislative institutions. Judicial Power is an independent power to administer justice in order to uphold law and justice, so that budget independence in the Constitutional Court should be pursued. Budget independence will affect the independence of judges in deciding cases so that it will greatly affect the accountability of the Constitutional Court. The authority of the Constitutional Court, which is closely related to the interests of the executive and legislature, makes the Constitutional Court very vulnerable to intervention from both the executive and legislature in deciding cases. A check and balances mechanism is needed so that the legislative, executive and judicial branches of power are equal and control each other, so that abuse of power by one branch of power can be prevented and handled properly. Through this research the author wants to answer the formulation of the problem, namely how the independence of the Constitutional Court budget can be pursued. This research was conducted using the normative juridical approach method with descriptive analytical research specifications. Based on this research, it can be concluded that in realizing budget independence, a legal umbrella is needed, namely by including specific rules in the constitution. The implication is that there will be a constitutional amendment. One of the efforts that can be done is to propose a certain percentage of the existing State Budget, but it needs to be supported by the strength of evidence.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Siska Yuniza
AU  - I Gusti Ayu Ketut Rachmi Handayani
AU  - Enny Nurbaningsih
PY  - 2024
DA  - 2024/12/24
TI  - Efforts to Build Budget Independence in the Constitutional Court of Indonesia to Create Judicial Independence
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 267
EP  - 274
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_37
DO  - 10.2991/978-2-38476-315-3_37
ID  - Yuniza2024
ER  -