The Concept of Criminalization of Judicial Negligence: The Merit System and Decision Evaluation as Judicial Reform

The failure of the supervisory system and sanction mechanisms to address judge negligence has created urgent need to reform judicial system. The disparity between judicial independence and accountability creates accountability gap within the system. This study uses juridical-normative approach, to analyze legal norms relating to the liability of judges for negligence in deciding criminal cases. This study reconceptualizes culpa lata into two categories: negligence leading to corruption, using Rational Choice Theory, Opportunity Theory, and White-Collar Crime Theory based on motive and attempted manipulation. Non-corruption negligence in the first phase examines the individual level based on Social Control Theory. The second phase analyzes the failure of supervisory system to function at the institutional level using Sociological Institutionalism Theory and Rational Choice Theory. The findings show that criminalization of culpa lata’s a last resort. Thus, the author proposes an integrated concept consisting of three components: AI-based decision evaluation synergized with the merit system as a tool to detect negligence, special courts as the final judicial forum, and culpa lata criminalization as sanction mechanism. This concept aims to balance judicial independence with accountability through an effective and organized mechanism, which can restore public trust and realize a great judiciary in Indonesia.