The Chief Justice of the Supreme Court of the Republic of Indonesia, Professor Sunarto, stated that Indonesia is currently facing a shortage of judges, which is resulting in an increased workload for judges in first-instance courts.
To address this shortage, the Supreme Court plans to issue a dispensation allowing a trial presided over by a single judge in district courts.
Professor Sunarto made this statement during the 2024 Supreme Court Annual Report Special Session on Feb. 19.
The plan to issue a dispensation allowing single judges to preside over district court trials has drawn commentary from Dr. Muhammad Fatahillah Akbar, a Department of Criminal Law lecturer at the Faculty of Law, Universitas Gadjah Mada (FH UGM).
According to Dr. Akbar, granting this dispensation could potentially violate existing legislation.
“Using only a single judge is actually against regulations because a single judge can become an absolute power if no other judges are present to correct the decision,” Dr. Akbar said on Thursday (Mar. 13).
He referenced Article 11, paragraph (1) of Law No. 48 of 2009 on Judicial Authority, which states that at least three judges should try all cases.
This provision aims to ensure fairness in the courtroom. Judicial decisions are made based on the majority opinion of the judges.
“While it’s possible for a single judge to conduct the trial, the evidence evaluation and decision-making process must still involve three judges,” he added.
Dr. Akbar also noted that using single judges could impact the quality of judicial processes in Indonesia.
He expressed concerns about the potential decline in the quality or objectivity of decisions made by a single judge.
“Of course, there’s a risk of mistakes or shortcomings in verdicts because there’s no input or correction from other judges or even the emergence of absolute power by the single judge,” he said.
Moreover, using a single judge would also increase the workload for that judge, who would have to render decisions independently.
The increased responsibility could affect the quality of decisions. Single judges would have to deeply analyze and understand all aspects of the case and ensure that their decisions reflect fair and objective principles of justice.
“The added workload carries the potential for significant impact on the quality of legal reasoning and final decisions they make,” he explained.
Dr. Akbar suggested that the Supreme Court should take strategic steps to ensure the judicial process continues smoothly despite the new policy, which may increase the workload for single judges.
One such step would be to recruit judges regularly each year to ensure sufficient human resources are available.
“By increasing the number of judges, the court can reduce the individual workloads of judges, prevent case backlogs, and expedite case resolution,” he concluded.
Author: Lintang
Editor: Gusti Grehenson
Post-editor: Afifudin Baliya
Image: Freepik