Browsing by Author "Muhammad Fauzan"
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Publication The Dynamics Of The Supreme Court In Implementing The Independence Of Judicial Power In Indonesia(Penerbit USIM, Universiti Sains Islam Malaysia, 2021-12-30) ;Muhammad FauzanSri Wahyu HandayaniThe existence of the Supreme Court (MA) in the history of the state administration of the Republic of Indonesia (RI) is one of the state institutions that has always existed and is regulated in the constitution that has ever existed in Indonesia. This can be seen from the development of the constitution that has ever been in effect, starting with the 1945 Constitution which was ratified on 18 August 1945 (including the 1945 Constitution after the 5 July 1959 Decree), The 1949 Constitution of the United States Republic of Indonesia (KRIS), the 1950 Provisional Basis (UUDS), and the 1945 Amendment Result. The judicial power prior to the amendment of the 1945 Constitution was regulated very simply. This is contained in Article 24 stating that: (1) Judicial power is exercised by a Supreme Court and other judicial bodies according to law; paragraph (2) The composition and powers of the judicial bodies are regulated by law. Meanwhile, Article 25 states that: The requirements to become and to be dismissed as judges are stipulated by law. The regulation of judicial power through a statutory mechanism has resulted in the guarantee of the independence of the Supreme Court as the executor of judicial power experiencing a setback. This is because many laws are a reflection of the political will of power. The guarantee of the independence of the Supreme Court in exercising its judicial power has become the content of the constitution. One of them is regulated in Article 24 paragraph (1) stipulating that: Judicial power is an independent power to administer justice to uphold law and justice. Then Article 24A paragraph (4) stipulates that: The chairman and deputy chairman of the Supreme Court are elected from and by the supreme judge. Based on the results of the study, it can be concluded that the independence of the Supreme Court in implementing the independence of judicial power is influenced by several factors, namely internal and external factors. - Some of the metrics are blocked by yourconsent settings
Publication The Synergy Of Judicial Power Administrators With Judicial Commission In Regard To Recruitment Of Judges In Indonesia(2021-12-30) ;Riris Ardhanariswari ;Muhammad FauzanTenang HaryantoArticle 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia affirms that judicial power is exercised by a Supreme Court and its lower judiciary of general, religious, military, and state administrative judicial spheres along with a Constitutional Court. This means that the administrators of judicial power are in the hand of Supreme Court and the Constitutional Court. Judicial power is an independent authority to carry out judicial matters for law and justice enforcement based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The recruitment of judges is carried out by the Supreme Court and by the Constitutional Court. The Judicial Commission as a state institution related to judicial power has correlation regarding recruitment of judges. This article will analyze how the correlation between the three state institutions is related to the recruitment of judges in Indonesia. The approach methodology used is normative juridical with descriptive analytical research specifications, secondary research data sources, obtained through literature studies, which are then analyzed qualitatively. The recruitment of judges in Indonesia is carried out by the Supreme Court for the recruitment of supreme court justices and judges for the four of its lower judiciary, and by the Constitutional Court for the recruitment of constitutional judges. The Judicial Commission is a state institution that was newly formed after the third amendment, which deals with judicial power. With the decision of the Constitutional Court Number 43/PUU-XIII/2015, the Judicial Commission no longer has broader authority in the process of recruiting judges, but still has a role in the recruitment process of Supreme Court judges. As the constitutional mandate of the Judicial Commission was created to maintain and uphold the honor, dignity, and behavior of judges, it is appropriate for the Judicial Commission to take a broader role in the process of recruiting judge.