Indonesiantalk.com — Chief Justice Yulius Urges Administrative Court Judges to Uphold Humanity in Their Rulings
Denpasar, Indonesia – The Chief Justice for Administrative Affairs (TUN) at the Supreme Court of Indonesia, His Excellency Prof. Dr. H. Yulius, S.H., M.H., has called on all Administrative Court (TUN) judges across the country to consistently uphold humanity in the exercise of their judicial duties.
The statement was delivered during a nationwide virtual briefing for Administrative Courts and High Administrative Courts, following the inauguration of the Mushola Al-Hakim at the Denpasar Administrative Court.
According to Justice Yulius, the role of TUN judges will become increasingly demanding in the future, given that the cases they handle often involve citizens who feel aggrieved by the state through its government.
“You are adjudicating cases brought by citizens who feel wronged by the state through government actions. You must exercise great care in safeguarding the rights of individuals, while also maintaining the balance of living together as a society. This is what I mean by adjudicating cases with a constitutional mindset,” he emphasized.
The Three Purposes of Law and the Challenge of Justice
Justice Yulius reminded the judiciary that the true purpose of legal rulings encompasses three principles: justice, legal certainty, and benefit. Yet, he acknowledged the inherent difficulty in fulfilling all three simultaneously.
“If you can deliver a decision that embodies all three, that is remarkable. But instinctively, it is almost impossible. The definition of justice itself has been debated for thousands of years without consensus, because justice is not only logical and scientific, but also deeply rooted in human sentiment,” he explained.
While he expressed confidence in the judges’ academic and legal expertise, Justice Yulius stressed the need to nurture empathy and sensitivity to the realities of human life underlying each case.
Judges Are Not “Paper Creatures”
In a pointed remark, Justice Yulius underscored that judges must never become mere “paper creatures” bound solely to formal rules.
“Never forget that those we judge are human beings, not just documents. Behind each case lies a reality of life—families in tears, houses demolished, employees dismissed leaving children hungry, or officials stripped of their positions, causing humiliation and hardship for their families,” he said.
For Justice Yulius, the only way to prevent judges from losing sight of these realities is by continually cultivating their sense of humanity.
Prioritizing Substance Over Formalities
Justice Yulius further urged TUN judges to prioritize substantive justice over rigid adherence to procedural law.
“There have been many Supreme Court plenary decisions affirming that administrative judges must value substance above formality,” he said.
He cited examples, including a civil landowner who lost property rights due to a late cassation filing. In such cases, Justice Yulius emphasized the importance of setting aside procedural technicalities to restore substantive justice.
Another example he gave involved a female civil servant dismissed after being absent for three months during her third pregnancy.
“Pregnancy is a natural condition for a married woman. It is not right for the state to punish such a natural circumstance,” said Justice Yulius, adding that he ordered her reinstatement.
Crossing Procedural Boundaries with Wisdom
Nevertheless, Justice Yulius cautioned judges against carelessly disregarding procedural law.
“The imperative to uphold material justice must be stronger and more compelling when a judge decides to set aside formal procedures,” he affirmed.
Ultimately, Justice Yulius hopes administrative judges across Indonesia will embody a more humane form of justice—anchored not merely in rigid rules, but in conscience and empathy.
“Do not become paper creatures bound only by formality. Nurture humanity in every ruling,” he concluded.
