The book of constitutional Justice Ahmad Fadlil Sumadi entitled "Court Monitoring and Coaching after the Amendment of the 1945 Constitution", dissected in a seminar on the book and surgery at Campus Auditorium 1 IAIN Walisongo Semarang, Friday morning (17/05).
Constitutional Court chief justice M. Akil Mochtar becomes the guest speaker of the event. He discusses the dynamics of the independence of the judiciary which now began to be forgotten. "This book review is important in the dynamic conception of the judiciary that had escaped the attention, the judge regarding the supervision and guidance associated with maintaining the independence of the judiciary," he said.
By making comparisons, continued Akil, conditions before and after the 1945 changes, Fadlil essay discusses the issue thoroughly conducted supervision and guidance of the Supreme Court related to the independence of the courts in the four environments under the MA General Court, Military Justice, Religious Courts, and Justice Administrative (TUN). "The most problem Fadlil worry about in this book is whether the function of monitoring and coaching MA has the potential to reduce the independence of the judiciary or not. The important question to answer because the 1945 Post-changes based on the spirit to provide a guarantee for the realization of the independence of the judicial power," said Akil.
Furthermore, according to Akil, the judicial system in Indonesia recognize the tiered structure, unless the Constitutional Court. An implication of the tiered structure is a higher level court or the Supreme Court has supervisory functions at a lower level. "Supervision is done against court actions through a mechanism called a judicial appeal, appeal, and judicial review," said Akil.
Upholding the rule of law requires judges and courts are not afraid or concerned for the consequences of any parties. To that end, any act, action, or will that threaten the independence of judges and courts have rejected and banned. This has been done in carrying out its functions Court, where the judge should not be influenced by anyone or anything, including the effect of the court where he was head judge, or a judge or a higher court leader. "However, in my view, that the independence of courts and judges can be run in the same breath with the demands and needs of the people and not be a justification for the individuals who do wrong, then independence must be accompanied by transparency and accountability of the judiciary," said Akil.
Previously, Ahmad Fadlil said, this book focuses on the supervision and guidance of judicial conduct as a human resources executive in the judicial power management perspective. According to him, the management function in the supervision and coaching leaders become more developed, primarily related to the spirit of democracy that are inherent surge is developing a monitoring function and handling of complaints. The function associated with the development of the community is involved in supervision. "The court in the perspective of a democratic constitutional state is one of the actors in the administration of justice in order to provide a fair legal protection to the community," he explained.
In seminars and book review that is officially opened by Rector Prof. Dr. Muhibbin, Fadlil said that a fair settlement of legal disputes is the public interest that public life is more orderly and peaceful. To that must be independent and impartial court, and the judge is required to make it happen with competence and professionalism. "Thus, the independence and impartiality of the judicial power, competence, and professionalism of judges, in the perspective of democracy and the rule of law is the right of the people, not the interests of the court and judge it solely," said Fadlil. (Dedy / mh)
Saturday, May 18, 2013 | 04:48 WIB 127