Judge Salary Increase and Presidential Momentum

Judge Salary Increase and Presidential Momentum

By Ferdian Andi

Lecturer at the Constitutional Law Study Program, Faculty of Sharia and Law, UIN Jakarta / Executive Director of the Center for Public Policy and Law Studies (Puskapkum)

President Prabowo Subianto's decision to increase judges' salaries by up to 280% marks a crucial moment for establishing a clean judicial ecosystem. The salary increase for judges is intended to prevent further corruption within the judicial system.

In President Prabowo's Asta Cita (eight aspirations) vision and mission during the 2024 election, legal reform was indeed a significant issue. The legal reform outlined in the asta cita includes upholding the supremacy of law without discrimination, ensuring fairness and transparency, and preventing the use of law as a tool of political power.

This legal reform initiative is highly contextual amidst the various issues emerging within judicial institutions. These include bribery cases involving judges, clerks, legal advisors, and litigants. The involvement of these various parties represents the complete ecosystem of the judicial institution. This reality forms the basis for a holistic improvement of Indonesia's judicial ecosystem, manifesting the design of an independent judicial institution as stipulated in Article 24 paragraph (1) of the 1945 Constitution.

Ecosystem Improvement

Transparency International (2007) defines judicial corruption as the abuse of authority for personal gain, whether financial, material, or non-material, related to influence and bias in judicial processes within the justice system.

Siri Gloppen, in Court, Corruption, and Judicial Independence (2013), defines judicial corruption more broadly as any form of undue influence that undermines the impartiality of justice, involving any actor in the judicial system, from administrative staff to lawyers. Gloppen emphasizes that judicial corruption is not merely related to the relationship between judicial personnel and court users but also concerns internal matters within the judicial institution.

Bribery cases occurring within judicial institutions indicate that judicial reform has not been optimal. From several emerging cases, the patterns show similarities, involving related parties triggered by supply and demand.

However, in the constitutional design through the concept of separation of powers, the position of the judicial institution cannot be intervened by other branches of state power. Each branch of power has independence in exercising its authority. This is because, essentially, each branch of power holds an equal position.

In this context, judges' work requires a transparent and accountable system while upholding the independence of judges in deciding cases. An independent and impartial judicial institution is the essence of a free judicial institution. Similarly, fair judicial decisions are non-negotiable.

Concurrently, bureaucratic reform within judicial institutions is equally important. The role of Civil Servants (ASN) within judicial institutions becomes a focal point for bureaucratic improvement. This effort is an important part of ending corrupt practices within judicial institutions.

Separately, the role of lawyers involved in judicial corruption cases must also be a concern for stakeholders, especially bar organizations.

Legal Policy

The policy to increase judges' salaries by up to 280% creates a momentum for the Prabowo Subianto administration to establish a clean judicial ecosystem by implementing a participatory legal policy that involves various relevant stakeholders.

The arrangement of legislative products as a basis for the institutional design, professions, and working patterns of stakeholders within judicial institutions can begin at the start of this Prabowo Subianto administration.

Referring to the 2025-2029 National Legislation Program (Prolegnas) list, only the Draft Law on Lawyers is included. Meanwhile, the Draft Law on Judicial Positions, which had been on the Prolegnas list for a decade, is no longer included in the detailed list. However, this regulation was projected to strengthen the position of the judicial profession and regulate the mechanism for judicial oversight.

The amendment of Law No. 18 of 2003 concerning Lawyers is also urgently needed. Several issues in the amendment of the Lawyer Law include whether a single bar or multi-bar system will be applied for lawyer organizations, including the idea of a National Lawyer Council (DAN). The amendment of the Lawyer Law is an important part of improving the judicial ecosystem.

Neil Gold, in Judicial Reform in Latin America and Caribbean (1995), states that judicial reform contributes significantly to government reform. Judicial reform can also minimize obstacles in the process of economic and social development. Now is the time for the President to improve the judicial ecosystem. It’s time, Mr. President!

This article was published in the Jawa Pos opinion column (Thursday, June 19, 2025).