This paper discusses the Independence of the Judiciary written by Fajar Laksono Suroso, which was published in the Constitutional Magazine.
Legal Literacy - The balanced intertwining of law and democracy is the perfect appearance expected of all countries with constitutional democracies. The rule of law is implemented based on the 'general will' reflected in the rule of law. Thus, it is said that the rule of law is a manifestation of the principle of popular sovereignty or democracy. Tamanaha (2004:7) mentions that the term rule of law has long been considered synonymous with democracy. Neumann (1986:27) calls it democratic rule of law. Without 'democracy', the rule of law may have abundant laws, but it does not aim to limit the power of the rulers, but to protect the freedoms and rights of citizens. It could be that the state of law is merely a 'state of law' to avoid calling it harshly as an authoritarian state.
In a democratic rule of law, together with the executive and legislative branches, the judiciary works under the principle of separation of powers. Here, the term judiciary is used interchangeably with judicial power and courts. The legislature makes laws. The executive implements laws. The judiciary ensures that the making and implementation of laws do not disregard the values of justice. All three have a harmonious contribution to keeping the pulse of…
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