Urgensi Pengawasan Eksternal Hakim Mahkamah Konstitusi Republik Indonesia (Urgency of the Constitutional Court Judge's External Supervision of the Indonesia Republic)

., Kasmin (2020) Urgensi Pengawasan Eksternal Hakim Mahkamah Konstitusi Republik Indonesia (Urgency of the Constitutional Court Judge's External Supervision of the Indonesia Republic). Doctoral thesis, Untag 1945 Surabaya.

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Abstract

Article 24C paragraph (5) of the 1945 Constitution of the Republic of Indonesia confirms that: "Constitutional Justices must have fair integrity and personality, statesmen, who mastering the constitution and state administration and do not double as state officials. " The meaning is that the behavior of constitutional judges in carrying out their duties and functions must be in accordance with Article 24C paragraph (5) the Constitution of the Republic of Indonesia of 1945. The problem is the occurrence of a violation of the code of ethics and law carried out by individual constitutional judges as a result of internal supervision (the Ethics Council and the Honorary Council of the Constitutional Court) which are considered ineffective. The urgency of the presence of an institution of external supervisory for this constitutional judge is philosophically based on the fact that the supervision of constitutional judge based on the Constitutional Court Regulation Number 2 of 2013 concerning the Ethics Council and the Constitutional Court Regulation Number 2 of 2014 concerning the Honorary Council of the Constitutional Court in carrying out its duties and authorities is not effective, so a violation of the code of ethics by a constitutional justice. These problems have two main objectives: the first is to analyze and find the urgency of the need for external supervision of the Constitutional Court Judges of the Republic of Indonesia in carrying out their duties and functions, the second is to analyze and find the form and mechanism of external supervision of the Constitutional Court Judges of the Republic of Indonesia in carrying out their duties and functions. Regarding the two legal issues, this research applied normative juridical research, while the approach in research is the legal approach, case approach, philosophical approach, comparative approach, conceptual approach, and concludes that: In carrying out its authority and duties the Constitutional Court receives internal supervision by Ethic Councils.In any perspective, the Councils’ Position of Ethicsis not right, their authority is very limited (unbalanced) with the supervised institution (Constitutional Court). The form of supervision of the Constitutional Court is carried out in the same way as is carried out by the Judicial Commission of judges in the court in general. The independent supervisory institution must be regulated in the Constitution of the Republic of Indonesia of 1945 so that it has equality with the Constitutional Court.

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