INCREASE IN JUDGES' ALLOWANCES AS A PREVENTIVE MEASURE AGAINST CRIMINAL ACTS OF CORRUPTION IN INDONESIAN JUDICIAL INSTITUTIONS

Thalia Nathalee, Ade Adhari

Abstract


As a democratic state governed by the rule of law, judges are at the forefront of ensuring the fulfillment of the three main pillars of the legal system: justice, legal certainty, and legal utility. Judges also serve as symbols of the rule of law in Indonesia. In a modern democratic system, the law must be the supreme commander in regulating the social and political life of society. This research uses a library research method with a normative juridical approach and is descriptive-analytical in nature. This approach was chosen because the issues studied are closely related to legal norms. The integrity of judges is a key element in maintaining the credibility of the judicial institution. This integrity encompasses moral aspects, professionalism, and responsibility in carrying out judicial duties. Public trust in the judicial system is the main foundation in realizing the rule of law in a country. Legal legitimacy depends not only on the existence of good laws but also on public confidence that the judicial institution functions fairly, transparently, and free from intervention by any party. The theory used is the New Fraud Triangle Model, which explains that fraud occurs when three elements converge: pressure, opportunity, and rationalization. The implementation of Government Regulation Number 44 of 2024, which regulates increases in judges' salaries and allowances, demonstrates the government's commitment to strengthening the judiciary. This policy is not merely a form of economic reward, but rather part of an institutional reform strategy to prevent judicial corruption. With adequate welfare, judges have a greater ability to maintain their integrity, improve the quality of their decisions, and reject all forms of intervention and gratification that could undermine the credibility of the judiciary.

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References


Book

Abdussamad, HZ, & Sik, MS (2021). Qualitative Research Methods. CV. Syakir Media Press.

Gultom, BM, & SH, S. (2017). A Judge's Critical View of Law Enforcement in Indonesia 3 (Vol. 3). Gramedia Pustaka Utama.

Scientific Journals and Articles

Annisa, NF (2017). “The Role of Judges as Law Enforcers Based on Law Number 48 of 2009 concerning Judicial Power.” Lex et Societatis, 5(3).

Arifin, A. (2023). “The Role of Judges in Realizing the Rule of Law in Indonesia.” IJOLARES: Indonesian Journal of Law Research, 1(1), 6–10.

Hananti, Nafisa Putri, Ryandito Arya Pratama, & Tesalonika Rosian Angel Sidabutar. (2023). “Analysis of the Effectiveness of Law Enforcement against Corruption in Indonesia.” Indigenous Knowledge, 2(5), 359.

Jilan, Sausan, Delvina Febriyanti, Angelia Nur Kh. Z., Chintya Putri, & Sri Mulyani. (2025). “Judges’ Welfare and Its Influence on Legal Integrity.” Das Sollen: Journal of Contemporary Law and Society Studies, 3(1), 1–15. Published by FORIKAMI (Indonesian Society Studies Scientific Research Forum).

Kassem, Rasha, and Andrew Higson. "The new fraud triangle model." Journal of emerging trends in economics and management sciences 3, no. 3 (2012): 191-195.

Kansil, CS, & Alfiani, F. (2024). “Analyzing Violations of the Code of Ethics of the Judicial Profession as Law Enforcement Officials in Indonesia.” Journal of History Education and Social Humanities Research, 4(2), 82–91.

Kusworo, DL, & Fauzi, MNK (2024). “Discourse on Fulfilling Judges' Welfare as a Way to Prevent Judicial Corruption.” Journal of Law and Justice, 2(3).

Ladro, D., & Fauzi, MNK (2024). “Discourse on Fulfilling Judges' Welfare as a Way to Prevent Judicial Corruption Through the Draft Law on Judicial Positions: A Comparative Study with the United States and Canada.” Judex Laguens, 2(2), 167–186.

Lubis, AH, Lubis, J., & Rizal, S. (2022). “Optimizing Judicial Supervision and Development Towards a Judicial Power with Integrity and Dignity.” Prima Legal Science (IHP), 5(1), 12–24.

Lutfianingsi, FF, & Efendi, J. (2024). “Construction of the Relationship between Judges' Welfare and the Quality of Just Judicial Performance.” Journal of Law and Justice, 2(3).

Rasji, Barnabas Juni Saputra Gulo, & Mohammad Rubby Sriyanto. (2025). “Analysis of the Impact of Judges' Salary Increases on the Independence and Quality of the Judiciary.” JALAKOTEK: Journal of Accounting Law Communication and Technology, 2(1), 228–235.

Wantu, FM (2013). “Obstacles for Judges in Creating Legal Certainty, Justice, and Benefit in Civil Courts.” Law Forum – Faculty of Law, Gadjah Mada University, 25(2), 205–218.

Legislation

The 1945 Constitution of the Republic of Indonesia.

Law Number 48 of 2009 concerning Judicial Power.

Law Number 5 of 2014 concerning State Civil Apparatus.

Government Regulation Number 94 of 2012 concerning Financial Rights and Facilities of Judges Under the Supreme Court.

Government Regulation Number 44 of 2024 concerning the Third Amendment to Government Regulation Number 94 of 2012 concerning Financial Rights and Facilities for Judges Under the Supreme Court.




DOI: https://doi.org/10.24815/sklj.v9i3.51796

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Syiah Kuala Law Journal published by Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at http://jurnal.usk.ac.id/SKLJ.