EKSISTENSI DAN BATASAN FUNGSI PENGAWASAN KOMISI YUDISIAL DALAM MENJAGA KEMRDEKAAN KEKUASAAN KEHAKIMAN DITINJAU DARI NEGARA HUKUM BERDASARKAN UUD 1945 PASCA AMANDEMEN
| Main Author: | NURDIN, NURDIN |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | ind |
| Terbitan: |
, 2015
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/11241/1/EKSISTENSI%20DAN%20BATASAN%20FUNGSI%20PENGAWASAN%20KOMISI%20YUDISAL%20DALAM%20MENJAGA%20KEMERDEKAAN%20KEKUASAAN%20KE.pdf https://eprints.untirta.ac.id/11241/ |
Daftar Isi:
- Indonesian state adopts a democratic constitutional state that guarantees the independence of the judicial power. Independence of the Judiciary as one of the branches of power in the power of modern state system does not mean the indepedence of unlimited power, so it can be implemented freely without signs monitoring, because unlimited power tend to be abused. Surveillance is important to maintain the honor, dignity, and a judge behaviour to enforce the law, truth and justice based on believing in the one supreme God. Judicial Commission is the new institution state from the 1945 amendment which was developed to handle appoinment affair of the Courte Supreme and to establish the honor, dignity, and by monitoring the judges behavior. Formation of the Judicial Commission is a logical consequence arising from the unification of the judiciary in the Courte Supreme. This unification would potentially of judicial power monopoly by the Court Supreme, so that the Judicial Commission one of the real form of the need to balance and control of state institutions. This research is a normative law with legislation approach, using secondary data obtained through literature research of primary legal materials, secondary, and tertiary. Descriptive data analysis using qualitative methods. The results showed that: (1) As a state institution and the nature of the duties associated with the function of the judicial power in supervision terms. The status and scope of the Judicial Commission in monitoring is the "supporting element" in the system of judicial power. (2) The functions and powers of the judicial commission under the constitution number 22 of 2004 and the constitution No. 18 of 2011 is to realize the independent judiciary through the nomination of Court Supreme justices and judges surveillance of a transparent and participatory in order to establish the honor, nobleness and dignity, and maintain the judges behavior. Recommendations of the judicial commission as merely a paper just because all decisions depend on the Court Supreme. Obviously, this is very contradictory with the constitutional mandate of Article 24B of the 1945 Constitution which in one side of the supervisory authority of the Judicial Commission is performed independently. Post a Constitutional Court decision number 005 / PUU-IV / 2006 and in Constitutional No. 18 of 2011 legislation amendment number 22, 2004 concerning the judicial commission, the definition of judge amended and does not include constitution judges and justices that ethical oversight is not the authority of the judicial commission, whereas 1945 constitution does not separate understandings based on the scope.