jurnal INDEPENDENCE OF THE JUDICIAL POWER IN ENFORCING THE DEMOCRATIC STATE OF LAW

INDEPENDENCE OF THE JUDICIAL POWER IN ENFORCING THE DEMOCRATIC STATE OF LAW

Abstract

This paper aims to analyze the important role of the independence of judicial power in maintaining the principles of the rule of law in a democratic society. The rule of law is a vital foundation in a democratic political system, because it guarantees the protection of human rights, justice and legal certainty. However, when judicial power is not independent, the risk of abuse of power and violation of individual rights increases. In the context of a democratic society, the independence of judicial power is a very important aspect. This ensures that decisions taken by the courts are based on the law and not influenced by political interests or external pressure. The independence of judicial power also allows the courts to act as a watchdog over the government and other public institutions, thereby preventing abuse of power and ensuring fair treatment for all citizens. However, the challenges in maintaining the independence of judicial power in a democratic society cannot be ignored. Several factors such as political interference, pressure from economic forces, and lack of adequate resources can threaten this independence. Therefore, strong steps are needed to strengthen the independence of judicial power, such as enforcing judicial ethics, transparent selection of judges, and an effective monitoring system. In conclusion, the independence of judicial power is an important pillar in maintaining the rule of law in a democratic society. By maintaining this independence, society can have confidence that the courts will uphold justice, protect individual rights, and ensure legal certainty. Therefore, the active role of society in supporting the independence of judicial power is very important in building a strong legal state in a democratic society.

Keywords; democratic society, judicial power, rule of law

This paper aims to analyze the important role of the independence of judicial power in maintaining the principles of the rule of law in a democratic society. The rule of law is a vital foundation in a democratic political system, because it guarantees the protection of human rights, justice and legal certainty. However, when judicial power is not independent, the risk of abuse of power and violation of individual rights increases. In the context of a democratic society, the independence of judicial power is a very important aspect. This ensures that decisions taken by the courts are based on the law and not influenced by political interests or external pressure. The independence of judicial power also allows the courts to act as a watchdog over the government and other public institutions, thereby preventing abuse of power and ensuring fair treatment for all citizens. However, the challenges in maintaining the independence of judicial power in a democratic society cannot be ignored. Several factors such as political interference, pressure from economic forces, and lack of adequate resources can threaten this independence. Therefore, strong steps are needed to strengthen the independence of judicial power, such as enforcing judicial ethics, transparent selection of judges, and an effective monitoring system. In conclusion, the independence of judicial power is an important pillar in maintaining the rule of law in a democratic society. By maintaining this independence, society can have confidence that the courts will uphold justice, protect individual rights, and ensure legal certainty. Therefore, the active role of society in supporting the independence of judicial power is very important in building a strong legal state in a democratic society.

Keywords; democratic society, judicial power, rule of law