ANALYSIS OF CONSTITUTIONAL COURTDECISION NUMBER 90/PUU-XXI/2023 FROMTHE PERSPECTIVE OF JUDGES'INDEPENDENCE AND ACCOUNTABILITY: ACASE STUDY OF PUBLIC TRUST.
Abstract
This study aims to analyze Constitutional Court Decision Number 90/PUU-XXI/2023 from the perspective of judicial independence and accountability, as well as its implications for public trust. The decision has generated significant debate in constitutional law discourse, as it reflects an expansion of the Constitutional Court's role in norm formation, which may affect public perceptions of judicial neutrality. This research employs a normative juridical method using statutory and conceptual approaches. The data consists of primary and secondary legal materials, including court decisions, academic literature, and survey reports from credible institutions measuring public trust in the Constitutional Court. The analysis is conducted qualitatively by examining the conformity of the decision with the principles of judicial independence and accountability. The findings indicate that Constitutional Court Decision Number 90/PUU-XXI/2023 has significant implications for public perception, as reflected in the decline of public trust in the institution. From a theoretical perspective, this phenomenon can be understood through the balance between judicial independence and accountability, where an imbalance between the two may affect institutional legitimacy. Furthermore, the decline in public trust suggests pressure on diffuse support toward the Constitutional Court as the guardian of the constitution. In response to this condition, the Constitutional Court has undertaken various measures to strengthen institutional accountability and transparency. However, this study emphasizes the importance of enhancing oversight mechanisms, enforcing judicial ethics, and implementing institutional reforms to maintain judicial integrity and sustainably restore public trust.
