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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 ...
Implementasi Kekuasaan Kehakiman Republik Indonesia [The Implementation of Judicial Power in the Republic of Indonesia] (in Indonesian). Jakarta: Sinar Grafika. ISBN 979-8061-42-X. Indrayana, Denny (2008). Indonesian Constitutional Reform 1999-2002: An Evaluation of Constitution-Making in Transition. Jakarta: Kompas Book Publishing.
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.
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.
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”.
The Audit Board of Indonesia (Indonesian: Badan Pemeriksa Keuangan) is the high state body responsible for checking the management and accountability of state finances conducted by the central government, local government, other state institutions such as Bank Indonesia, state-and municipally-owned enterprises, Public Service Boards, and ...
The "Old Order" (1950–1965) in Indonesia has long been understood to be a period of turmoil and crisis, characterized by rebellions and political unrest. The weakness of Indonesia's democracy and its gradual transition to authoritarianism during the Old Order can be attributed to conventional modernization theory, which suggests that without strong socioeconomic structures, successful ...
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.