Tag: judicial ethics

  • Independence and Integrity of Judges in The Exercise Of Judicial Power in Indonesia Perspective Siyasah Qadha’iyyah

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    Aim: This study aims to analyze judicial independence and integrity in the exercise of judicial power in Indonesia from the perspective of siyasah qadha’iyyah and to examine the relevance of its principles to strengthening judicial power. Method: This study employs normative legal research with a descriptive-analytical approach, using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed qualitatively by interpreting legal norms and scriptural texts (nash), comparing them with the principles of siyasah qadha’iyyah, and drawing deductive conclusions. Result: The findings indicate that judicial independence encompasses collective, personal, and internal independence, while integrity is reflected in honesty, trustworthiness (amanah), objectivity, professionalism, and moral responsibility. From the perspective of siyasah qadha’iyyah, grounded in Qur’an 4:58 and 4:135, Qur’an 38:26, and hadith prohibiting bribery, judges are entrusted with the responsibility to uphold justice, act honestly, demonstrate competence, restrain personal desires, and refrain from bribery. Independence without integrity may lead to abuse of authority. Therefore, strengthening judicial power requires a balance between safeguarding judicial independence and reinforcing judicial integrity. Novelty: This study conceptualizes judicial independence not merely as freedom from external interference but also as the ability to resist internal influences, including personal desires and interests. The siyasah qadha’iyyah perspective provides an ethical and moral foundation for strengthening judicial integrity through the internalization of justice and trustworthiness.