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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.
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.
[a] [84] The primary difference between these two blocs was that the Four Horsemen embraced the substantive due process doctrine, but the liberals, including Louis Brandeis, advocated for judicial restraint, or deference to legislative bodies. [85] Hughes and Roberts were the swing justices between the two blocs for much of the 1930s. [86]
Judicial restraint, a theory of judicial interpretation that encourages judges to limit the exercise of their own power; Prior restraint, a government's actions that prevent materials from being distributed; Restraint on alienation, in property law, a clause that seeks to prohibit the recipient of property from transferring his or her interest
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 "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 ...