LEGAL CERTAINTY RE-REFLECTION IN THE ISSUE OF AD HOC JUDGE’S POSITION AS EXECUTOR OF JUDICIAL POWER OF CRIMINAL CORRUPTION JUSTICE SYSTEM IN INDONESIA

Abstract

The people’s need for just, clean judicature that is capable of following the people’s social dynamics is the momentum of the emergence of ad hoc judge as a state auxiliary organ in the body of judicative institution. In fact, ad hoc judge’s position brings substance issue in the form of ad hoc judge’s position that is not a state official, with implication that ad hoc judge is unauthorized to be judge participating and influencing judicial decree, especially in criminal corruption judicature. The ambiguity in ad hoc judge’s position also increases with ad hoc judge individual’s involvement in corruption case circle. This article, with non-doctrinal method, attempts to describe and analyze ad hoc judge’s position in criminal corruption judicature recently. Based on this article’s discussion, it is apparent that ad hoc judge by legislation cannot be deemed executor of judicative power. Ad hoc judge’s lack of power as executor of judicative power is also found in Article 122 item e Law Number 5 of 2014 on State Civil Apparatus expressly stating that ad hoc judge is not state official. This condition shows that ad hoc judge cannot be categorized as a party in line with career judge or as acting official of state power, especially that related to judicative power in judicial environment.