Judicial Independence in Malaysia

Neudorf, Lorne

doi:10.1007/978-3-319-49884-3_2

Cited by 3 publications

(2 citation statements)

References 10 publications

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“…Pimentel (2016) states that accountability is the same as judicial independence, both of which are important foundations for the supremacy of law). From a sociological perspective, courts gain public trust because their independence is guaranteed through legal norms (Neudorf, 2017), and accountability makes the decisions of judicial authorities unbreakable and more respected (Pimentel, 2016). According to Pimentel (2016), enforcing a judge's code of ethics is an important basis as the core of judicial accountability for personal independence, so that access to justice becomes a supporting basis for achieving institutional accountability.…”

Section: Strategy For Developing the Integrity Of Corruption Crime Ju...mentioning

confidence: 99%

Developing the integrity of corruption crime judges: evidence in Indonesia

Wibisana

2023

IJRBS

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This research seeks to further investigate issues pertaining to enhancing the integrity of judges handling corruption cases in Indonesia. The research employs a normative juridical perspective and utilizes a qualitative method that is descriptive and analytical in character. This method aims to objectively describe the relationship between a phenomena, idea, data, or fact. The data collection methods involved conducting library research and analyzing primary, secondary, and tertiary legal sources, including scientific contributions published in academic research databases. Meanwhile, the research employs descriptive qualitative analysis for data analysis. Research indicates that it is imperative to cultivate the integrity of judges involved in corruption cases, as judges play a pivotal role in ensuring a fair and responsible legal system. A judge who possesses integrity in cases involving corruption is characterized by intellectual honesty, a commitment to prioritize their judicial responsibilities over personal interests, adherence to the law, astuteness in interpersonal interactions and other endeavors, adeptness in managing personal funds, and a rigorous and meticulous approach. Perform judicial responsibilities to establish an organizational culture rooted in the principle of absolute intolerance against criminal acts of corruption, bribery, and violations of laws and regulations. Thus, by enhancing the integrity of judges involved in corruption cases in Indonesia through the implementation of human resource management characteristics, it is expected that the impartiality and responsibility of judges in handling corruption cases would be considered to fulfill the standards of fairness and legal assurance. Therefore, it is anticipated that the results of this study will have a beneficial impact on upholding and enhancing the integrity and prestige of judges and the judicial system in Indonesia with regards to corruption offenses.

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Section: Strategy For Developing the Integrity Of Corruption Crime Ju...mentioning

confidence: 99%

Developing the integrity of corruption crime judges: evidence in Indonesia

Wibisana

2023

IJRBS

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“…This is related to the extent of the judicial independence in various countries, 16 which are affected by social and political factors as well as judicial history in these countries. 17 However, they actually have the same objective, for instance preventing the court from being controlled when deciding a case. 18 This is the reason that Indonesia has Vol.…”

Section: Globalizationmentioning

confidence: 99%

Amendment to Term of Office of Constitutional Court Judges in Indonesia: Reasons, Implications, and Improvement

2022

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After the amendment to the Constitutional Court Law, constitutional court judges would be dismissed honorably when they attain the age of 70 (seventy) years old. Problem arises, where the transitional provisions of the third amendment to the Constitutional Court Law are not applicable prospectively but retroactively. Hence, the implementation of the amendment to the term of office of constitutional court judges also brings an impact on the incumbent constitutional judges in the Constitutional Court. This study had three objectives. First, to identify the underlying reasons (ratio-legis) for the amendment to the term of office of constitutional court judges to the maximum age limit of 70 years. Second, to analyze the implications of arranging a maximum age limit of 70 years for the position of constitutional court judges. Third, to recommend alternative arrangements for the term of office of constitutional court judges in Indonesia. This was a legal doctrinal research with a qualitative analysis. The results showed that (1) the reasons for the amendment to the term of office of constitutional court judges are due to the open legal policy, globalization and efforts to build the pro-majoritarian power in the Constitutional Court. (2) This amendment brings implications, i.e., the distortion of judicial independence, conflicts of interest and a declined public trust. (3) Improvements can be made by revising the transitional provisions and trying other alternatives by arranging the term of office of the judges through the constitution.

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Court in an Authoritarian Regime:

Suzuki

2018

The Annuals of Japanese Political Science Association

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Judicial Independence in Malaysia

Cited by 3 publications

References 10 publications

Developing the integrity of corruption crime judges: evidence in Indonesia

Developing the integrity of corruption crime judges: evidence in Indonesia

Amendment to Term of Office of Constitutional Court Judges in Indonesia: Reasons, Implications, and Improvement

Court in an Authoritarian Regime:

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