Publication: The Synergy Of Judicial Power Administrators With Judicial Commission In Regard To Recruitment Of Judges In Indonesia
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Date
2021-12-30
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Abstract
Article 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.
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
Judicial Power, Recruitment of judges