Judicial Commission Proposes Revision of Law 18/2011 on Judicial Oversight Authority

Discussions on the revision of Law No. 22 of 2004 on the Judicial Commission (“KY”), as amended by Law No. 18 of 2011 (collectively referred to as “Law 22/2004”) have resurfaced. Chairman of KY, Abdul Chair Ramadhan, believes that this regulatory change is an urgent necessity to strengthen the judicial oversight system while clarifying the KY’s role in safeguarding the integrity of the judicial institution.

“In this regard, it is necessary to clarify the KY’s position in relation to its checks-and-balances function regarding the exercise of judicial power. Furthermore, it is necessary to formulate the revitalization of the KY through a revision of the KY Law,” Abdul Chair told Hukumonline. 

The push for the revision of Law 22/2004 stems from the issue of dual oversight of judges, which has long been a subject of debate. On the one hand, internal oversight of judges is carried out by the Supreme Court (“MA”), while on the other hand, the KY performs the function of external oversight of judicial conduct. This situation is considered to have the potential to cause overlapping authority. 

“Control by the KY does not diminish the function of judicial development or interfere with the Supreme Court’s technical oversight of the judiciary, as outlined in the Draft Bill on Judicial Office,” he added.