Publication: The Dynamics Of The Supreme Court In Implementing The Independence Of Judicial Power In Indonesia
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Date
2021-12-30
Authors
Muhammad Fauzan
Sri Wahyu Handayani
Journal Title
Journal ISSN
Volume Title
Publisher
Penerbit USIM, Universiti Sains Islam Malaysia
Abstract
The 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.
Description
E-Proceedings International Convention on the Basic Structure of Constitution 2021 (ICOBAC 2021)
Theme: "Towards Dignifying Islam in the Framework of Rule of Law & Supremacy of Constitution"
15 – 16 December 2021
Organized By: Fakulti Syariah Dan Undang-Undang, Universiti Sains Islam Malaysia (USIM)
And Fakulti Pengajian Industri, Universiti Malaysia Pahang (UMP)
Collaboration With: Fakulti Syariah Dan Undang-Undang, Universiti Islam Sultan Shariff Ali (UNISSA), Brunei And Fakultas Hukum, Universitas Jendral Soedirman (UNSOED), Indonesia
Keywords
Dynamics, Independence, Supreme Court, Indonesia