Repositioning the Judicial Commission in Judicial Oversight Reform: Institutional Synergy and Human Resource Development Strategy

Abstract

This study examines the repositioning of the Judicial Commission (Komisi Yudisial – KY) within the broader framework of judicial reform in Indonesia. Although the KY is constitutionally mandated under Article 24B of the 1945 Constitution to safeguard the honor, dignity, and conduct of judges, its implementation has faced structural tensions, especially with the Supreme Court (Mahkamah Agung – MA). Employing a normative juridical analysis, this research integrates statutory review, comparative international practices, and triangulation of academic sources and official reports. The findings reveal that while KY received 3,593 public complaints in 2023, the judicial integrity index improved only slightly (from 7.84 in 2022 to 7.99 in 2023), indicating persistent integrity challenges. Comparative analysis highlights that effective oversight models in Canada, England, and the Philippines combine ethical monitoring with human resource management, transparency, and public participation. In contrast, Indonesia’s model remains fragmented and often perceived as punitive rather than developmental. The study argues that KY must be repositioned along three strategic lines: (1) adopting risk-based ethical oversight to detect potential violations early; (2) integrating oversight with judicial career management, ensuring that ethical records influence promotions and transfers; and (3) fostering collaborative ethical development with MA, the Corruption Eradication Commission (KPK), and universities. Institutional implications include revising regulations to clarify KY’s authority, establishing a National Judicial Ethics Council (DEHN) as a collegial forum, and developing transparent digital reporting systems. Ultimately, repositioning KY will transform it into an agent of judicial reform: an ethical culture changer within the judiciary, an internal counterbalance to MA’s authority, and a catalyst for public trust through transparency and accountability. This transformation is essential to strengthen judicial integrity, enhance professionalism, and restore public confidence in Indonesia’s judicial institutions.