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Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing and a reluctance to grant certiorari; [1] and a tendency to deliver ...
Other than the Supreme Court and the Constitutional Court, Komisi Yudisial Republik Indonesia or the Judicial Commission exercise judicial authority under the Constitution. Specifically, they exist to ensure the independence of the judges and the judicial system from unnecessary intervention and involvement.
The proposal to establish the Judicial Commission was added into the amendment at the last minute and, in the view of some observers, the Commission was established in a hasty way. [3] On 13 August 2004, Law No. 22 on the Judicial Commission was promulgated and on 2 July 2005, the president officially appointed the seven members of the Commission.
Judicial review of Omnibus Law on Job Creation on 24 November 2020 [8] (later 16 December), [9] later by early July 2021 the Constitutional Court of Indonesia rejected the judicial review. [10] In November 2021, the Constitutional Court of Indonesia accepted the judicial review and declared the Omnibus Law bill “conditionally unconstitutional”.
A major problem for the court, like other parts of the legal system in Indonesia, is enforcement of decisions. The ability of the court system in Indonesia to have decisions enforced is sometimes quite weak and in recent years across Indonesia local officials have, in some cases, refused to abide by important decisions of the Constitutional Court.
The 2024 Indonesian local election law protests, also known as Emergency Alert for Indonesia (Indonesian: Peringatan Darurat Indonesia) or Indonesian Democratic Emergency (Indonesian: Indonesia Darurat Demokrasi), [28] were public and student-led demonstrations against the House of Representatives for drafting a bill on regional head elections (Pilkada) that contradicts the Constitutional ...
The Supreme Court of the Republic of Indonesia (Indonesian: Mahkamah Agung Republik Indonesia) is the independent judicial arm of the state. It maintains a system of courts and sits above the other courts and is the final court of appeal. It can also re-examine cases if new evidence emerges.
As a scholar he has published more than 40 books on various legal and constitutional issues and some textbooks used in the universities all over Indonesia. Second chief justice. The second chief justice, Mahfud MD , first elected in 2008, was re-elected in mid-2011 for a second term.