Implementation of the Authorities of the Judicial Commission Based On Law No. 22, 2004: A Case Study Of 201432

Soge, Paulinus (2017) Implementation of the Authorities of the Judicial Commission Based On Law No. 22, 2004: A Case Study Of 201432. In: The 6th Global Conference on Business and Social Sciences 2017, December 4-5, 2017, Bangkok, Thailand.

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Abstract

This research was conducted to know and analyse reasons why Judicial Commission (JC) has been given authorities to propose the nomination of judge candidates of the Supreme Court (SC) to the Parliament and to keep respect and the glory of prestige and the attitude of judges. Besides, it aimed at knowing and analysing the implementation of the authorities of JC in practical level. This research used normative legal research method and juridical normative approach. The analysis was carried out by using qualitative method. The research results indicated that there are three reasons why JC has been given authorities to propose the nomination of judge candidates of SC to the Parliament and to keep respect and the glory of prestige and the attitude of judges. First, JC was formed as the concequence of legal policy. Second, the existence of JC has been a strong reaction to the failure of fair judicial system. Third, the existence of JC as an external auditor toward judges can be the balance for managers of the judicial power in order to improve the failure of the control system which has not fully been overcome by SC. Whereas in the practical level JC has guaranteed that every phase of the selection of judge candidates of SC should be carried out transparently, objectively, and accountably by inlvolving both the academicians and legal experts who are suitable to be SC judges. The existence of the control system which balances the judicial power is hoped to stimulate the realization of better judiciary

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