Strengthening the judiciary in law enforcement in Indonesia
Keywords:
Judicial Institutions, Strengthening Positions and Functions, Law EnforcementAbstract
The amendment to the 1945 Constitution that is quite fundamental and changes the paradigm of the constitution is in Article 1 paragraph (2) of the 1945 Constitution which states that: "Sovereignty is in the hands of the people and is implemented according to the Constitution". This affirmation shows that democracy as a paradigm does not stand alone, but the democratic paradigm that is built must be guarded and even must be based on legal values, so that democratic products can be controlled normatively by the legal paradigm. This means that the democratic paradigm that is built is directly proportional to the legal paradigm. This paradigm has implications for state institutions, state power models, the principle of separation of powers and checks and balances, as well as normative control whose implementation is carried out by judicial institutions. Therefore, this paradigm changes the paradigm of parliamentary supremacy to the principle of supremacy. The principle of the rule of law means that all public policies, public institutions, and the election of public officials must be based on the rule of law. This principle reveals that the rule of law in the life of the nation and the state is an element of the foundation of the order of life, so that government is run according to and by the law. and not by man (a government of law and not of man). In order to realize the principle of the rule of law, law enforcement by law enforcement agencies such as judicial agencies, police, prosecutor's office, Corruption Eradication Commission (KPK), Judicial Commission (KY), Witness and Victim Protection Agency (LPSK) and other law enforcement agencies must run and function in accordance with the principles and objectives of the law enforcement agency.
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