The "One Roof System" under the Supreme Court (MA) is a constitutional mandate intended to guarantee the independence of judicial power. However, research conducted by Hamdani Zalukhu and Lilawaty Ginting from Universitas Muhammadiyah Sumatera Utara in May 2026 identifies a sharp paradox in personnel management practices between judges, who are state officials, and non-judge employees, who are Civil State Apparatus (ASN).
Background and Issues
This paradox arises from the dualism of regulations between the Judicial Power Law and the State Civil Apparatus (ASN) Law. This condition creates disparities in treatment, career paths, and overlapping management systems. This study aims to analyze the juridical implications of this dualism and its impact on the effectiveness of judicial organizations in Indonesia.
Research Methodology
The researchers employed a normative juridical method using both a statutory approach and a conceptual approach. The primary focus of the analysis was to examine institutional malfunction using the perspective of Hans Kelsen’s hierarchy of legal norms.
Key Findings
The research reveals several crucial points regarding the impact of this management dualism:
- Regulatory Dualism: A conflict occurs between the status of judges as independent state officials and non-judge employees who are subject to the rigid ASN bureaucratic system.
- Institutional Malfunction: This dualism results in ineffectiveness within the Supreme Court's organizational management, where differing personnel management standards hinder professional integration under the same roof.
- Implications for Independence: The challenge of maintaining judicial independence is often hampered by the bureaucratic complexity that binds human resource management within the judicial environment.
Policy Recommendations
The authors suggest the need for regulatory harmonization to overcome this paradox, including:
- Regulatory Harmonization: The need to align the Judicial Power Law with the ASN Law to prevent the overlapping of statuses and rights that disadvantage either party.
- Judicial Management Reform: The Supreme Court is expected to formulate a more integrative and specialized personnel management system for judicial institutions, while still respecting the specific functions of judges.
- Strengthening Organizational Structure: Restructuring the administrative framework of the judiciary to create efficient workflows between administrative support (non-judges) and judicial functions (judges) without compromising judicial independence.
Author Profile:
- Hamdani Zalukhu – Researcher, Master of Law, Universitas Muhammadiyah Sumatera Utara.
- Lilawaty Ginting – Researcher, Master of Law, Universitas Muhammadiyah Sumatera Utara.
Research Source: Zalukhu, H., & Ginting, L. (2026). "Paradox of Personnel Management Between Judges and Non-Judges Within the Supreme Court of The Republic of Indonesia". International Journal of Education and Life Sciences (IJELS), 4(5), 609-618.
0 Komentar