Pengawasan Hakim Konstitusi dalam Sistem Pengawasan Hakim Menurut Undang-undang Dasar Negara RI 1945  

Oleh:

Tutik, Titik Triwulan

Jenis: Article from Journal - ilmiah nasional - terakreditasi DIKTI
Dalam koleksi: Jurnal Dinamika Hukum vol. 12 no. 1 (Jan. 2012), page 295-211.
Topik: Judges’ control; Constitutional Court
Fulltext: 9. Titik Triwulan Tutiki_ros.pdf (956.55KB)

Isi artikel

This research is normative legal research which employs three approaches; legal, conceptual, comparative, and historical approaches. The objective of this research is firstly to clarify whether the essence of constitutional court’s judges is not included in the term of judge in the 1945 constitution and Law number 24 2003 on judicial commission. Secondly, it also design a model of controlling judges of constitutional court after the issuance of Constitutional court’s decision Number 005/PUU-IV/2006. The research finds several results. Firstly, judges of constitutional court are regular judges bound to all judge regulations in Indonesia. This finding is based on (1) the fact that Indonesian constitution does not recognize different typologies of judges as it happens in the US, Philippines, and France. The constitution only states that judges is differentiated based on their functions; (2) in the note of PAH I MPR that formulated amendment of the 1945 constitution the discussion surrounding the typologies of judges never took place; and (3) the legal scholars, especially of constitutional law experts, generally tend to generalize judges to include judges of constitutional courts. The second result is that control of constitutional court employs integrated system, that is internal control by Constitutional Court and external supervision mechanism conducted by external independent body of Judicial Commission. Based on those findings, in implementing an integrated supervision mechanism of Constitutional Court’s Judges an amendment to the 1945 Constitution is recommended by putting emphasis on the position of independent body that supervise judges of Constitutional Court. This body should perform several functions, namely control, recruiting, promoting and mutating judges of Constitutional Court. Meanwhile, revising the Law number 22 of 2004 on Judicial Commission and law number 24 of 2003 on Constitutional Court is urgently needed

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