Jimly reminds of the judiciary's significant role in balancing the executive and legislative branches

Jakarta (ANTARA) - Constitutional law expert Prof. Jimly Asshiddiqie has reminded judges throughout Indonesia, including those at the Constitutional Court (MK), of their significant role as a counterbalance to the executive and legislative branches, in nurturing Indonesia’s democracy and rule of law.

According to Jimly, this major role of the judiciary requires judicial independence to remain in the middle, overseeing democracy and the rule of law in Indonesia.

“In the current era, the meaning of the independence of judicial power is increasingly important, surpassing the historical importance of judicial power independence,” said Jimly at the launch of the book titled “Kemerdekaan Kekuasaan Kehakiman” in the MK Building Hall, Jakarta, on Friday.

He explained that Indonesia’s current situation regarding state affairs, which determines national and state life, is becoming increasingly complex. Where politics and economics hold great power.

According to him, there are periods in every country where politicians and economists determine everything. However, politicians consider themselves very powerful, whereas behind the scenes, it is the economists and capital owners.

“This economy and politics have their own logic on how judicial power must make decisions according to interests. This is common throughout history and also occurs worldwide,” he explained.

Therefore, he said, judicial independence is the key word in facing political dynamics, especially now when parties do not balance each other. Thus, truth is only decided between majority rules, whoever has more determines it.

However, Jimly said, majority rules are not identical to justice.

He stated that if majority rules become the way to make decisions, then the democracy is formalistic, procedural democracy, so it needs to be balanced by minority rights as a symbol of the substance of democracy.

“So if we want to renew substantive democracy, minority rights must have a voice. Who voices it? The nine judges, even five judges are enough,” he said.

According to him, judicial independence is important because Indonesian democracy is increasingly dominated by majoritarian politics that collaborates with the economy.

“In essence, the quality of our democracy and rule of law is in the hands of the judges,” he explained.

Jimly highlighted the post-reform era, questioning whether the Supreme Court’s “one roof” system has truly achieved independence.

With the power held by the Supreme Court, a command work culture has formed, where subordinates make decisions based on instructions from superiors. This culture, he said, must be reformed.

Jimly conveyed that the judiciary serves as a counterbalance between the executive and legislative branches. If these two major powers collaborate, there will be no differing opinions. If that happens, the state will face civil society.

“This situation is more dangerous if the deliberative democracy function and the formal aspiration channel function do not work in oversight. Then differing opinions will be in public spaces, increasingly difficult to control, namely social media,” he said.

He gave the example of protest actions that will move in August 2025, which are non-organic, truly driven by collective awareness through the media.

“So in the current era, it is dangerous if there is no channel for people’s aspirations; they will move on their own uncontrollably,” he said.

Jimly stated that the independence of judicial power is a universal principle, not just the common sense of judges.

“Therefore, let us safeguard it not for the worldly benefit of the judiciary, but for the interest of nurturing the quality of democracy and the rule of law,” he said.