scholarly journals Strengthening the Role of the Judicial Commission Through Innovative Strategies to Balance Independence and Impartiality with Judge Accountability

2021 ◽  
Vol 8 (10) ◽  
pp. 328
Author(s):  
I Made Pria Dharsana
Keyword(s):  
Research Method ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Judicial Power ◽  
Constitutional Court ◽  
Checks And Balances ◽  
Innovative Strategies ◽  
State Administration ◽  
And Behavior

The role of the Judicial Commission is very important in the power of the judiciary because one of the forms of state administration in Indonesia is helping to implement an integrity system in the exercise of judicial authority. Besides that, it is also stated in Article 24B paragraph (1) of the Constitution that the Judicial Commission is independent in nature which has the authority to propose the appointment of Supreme Court justices and has other powers in the context of maintaining and upholding the honor, dignity, and behavior of judges. The enactment of Law Number 8 of 2011 is one form of strategy in strengthening checks and balances in judicial power. as for the research method used in this study is a normative legal research method. Furthermore, it is unfortunate that the external authority granted by Law Number 22 of 2004 and has been amended by Law Number 18 of 2011 concerning the Judicial Commission, is very limited, and the limited powers were later amputated by the decision of the Constitutional Court. This limited authority belongs to the enforcement of the Code of Ethics for the Code of Conduct for Judges (KEPPH). This authority is clearly not optimal and then becomes an obstacle for the Judicial Commission in designing innovative strategies in balancing judicial power through Independence, Impartiality and Accountability in the implementation of Judges containing fair decisions.

scholarly journals Optimalisasi Fungsi Pengawasan Komisi Yudisial terhadap Hakim

2020 ◽  
Vol 5 (1) ◽  
pp. 42
Author(s):  
Brama Adi Kusuma ◽  
Miftahur Rizqi Arrumi Fajriah ◽  
Ristria Nimas Ayu Kartika Putri
Keyword(s):  
Research Method ◽  
Code Of Ethics ◽  
Active Role ◽  
Constitutional Court ◽  
Scientific Journals ◽  
Legal Research ◽  
Good Relationship ◽  
The Public ◽  
The Supreme Court

The purpose of this study was to analyze the optimization of the supervisory function carried out by the Judicial Commission for realizing a clear justice. This study used the legal research method, which means that research was conducted by examining existing library data and references, such as laws and regulations, books, magazines, and scientific journals. The optimization of the oversight function of the Constitutional Court was carried out by establishing a good relationship with the Supreme Court to identify the limits of their respective duties and authorities, forming the Liaison Judicial Commission, and the Network of the Judicial Commission. The role of Liaison Judicial Commission needed to be improved, not only receiving reports from the public but also actively finding violations of the code of ethics committed by judges. Socialization regarding the existence of the Judicial Commission should be carried out more through Network of the Judicial Commission to increase understanding of the community so that the community can play an active role in providing reports for the realization of a clear justice.

scholarly journals Implementation of the Contante Justitie Principle of Justice in Local Leaders Election and General Election in Indonesia

2019 ◽  
Vol 9 (2) ◽  
pp. 2699-2703
Keyword(s):  
Research Method ◽  
Code Of Conduct ◽  
Leader Election ◽  
General Election ◽  
Judicial Power ◽  
Constitutional Court ◽  
Local Leader ◽  
Principle Of Justice ◽  
Settlement Of Disputes ◽  
Local Leaders

The Settlement of Disputes over local leaders election and general election disputes in Indonesia is currently conducted in several legal institutions . The settlement, among others, was approved by the election supervisory agency (Bawaslu) and the Civil service arbitration tribunal (PTUN). To resolve disputes over the results of the local leaders and the general election conducted by the Constitutional Court. When there is a violation on code of conduct by the election organizer is resolved by The Honorary Council of The General Election Organizer . The settlement of disputes over general election and local leader election leaves an inconsistence if related to Law number 48 of 2009 concerning Judicial Power, which leads to legal uncertaity. This paper uses the normative research method by using an agreement (statute approach) and using a case (case approach). This paper analyzes the implemantation of the Contante Justitie Principle to realize legal objectives for justice, certainty and expediency. From these considerations emerged a new statement needed in court to resolve disputes over local leaders election and general election, so that the objective of law that had been aspired to were obtained.

scholarly journals INDONESIAN JUSTICE LEGAL POLITICS POST AMENDMENT OF 1945 CONSTITUTION

2020 ◽  
Vol 12 (1) ◽  
pp. 37-56
Author(s):  
Aladin Sirait
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
House Of Representatives ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
State Institution ◽  
Constitutional Court ◽  
Checks And Balances ◽  
The Supreme Court ◽  
The Creation

The essence of change in the field of justice after the amendment is a change in the system of judicial power at the constitutional and statutory levels. The creation of new supreme judicial institutions namely the Constitutional Court, in addition to the Supreme Court as the bearer and executor of the highest judicial powers in the presence of an independent Judicial Commission and cannot be separated from the powers of the judiciary. Legal politics that gave birth to the Constitutional Court Institution in its scope of duties and authority has played a large and important role in the goal of realizing justice. The Judicial Commission in its duties and authorities can substantially improve law enforcement in the environment and justice within the Supreme Court by proposing the appointment of a Chief Justice to the House of Representatives (DPR). The Supreme Court made progress with the issuance of Guidelines for the Implementation of Oversight within the Judiciary and the Joint Decree of the Chair of the Supreme Court and the Chair of the Judicial Commission on the Code of Ethics and the Code of Conduct for Judges. The Constitutional Court and Judicial Commission in its position as a high state institution with a strict division of tasks and authority has played a role in the creation of checks and balances mechanisms.

scholarly journals PENGAWASAN PERILAKU HAKIM MAHKAMAH KONSTITUSI OLEH DEWAN ETIK

2017 ◽  
Vol 6 (1) ◽  
pp. 25
Author(s):  
Nuzul Qur'aini Mardiya
Keyword(s):  
Code Of Ethics ◽  
Code Of Conduct ◽  
Constitutional Court ◽  
Legal Basis ◽  
National Legislation ◽  
Institutional Strengthening ◽  
The Media ◽  
And Behavior ◽  
Profession Ethics

The Constitutional Court has a code of ethics and behavior of judges the constitution as the legal basis to carry out profession ethics. Due to his duty, judge of the constitution had potentially breaking the code of conduct and behavior of judges. In order to oversee the conduct of judges the constitution formed The Board of Ethics Judge Constitution (DE-HK) who has authority to check and give decision regarding of the reports on complaints and information through the media/the community related to alleged violations the code of conduct and behavior of judges the constitution as well as a violation of law constitutional court. The Board would have the authority to impose sanctions verbally and if the offense heavy, the board recommended the formation of an assembly of honor of constitutional court and make propose of the suspension of the judge the constitution, and if not proven The Board rehabilitates judge that concerned. This study is done in a juridical manner normative by looking at an object or target of regulation research, legislation and materials law other related supervision the conduct of judges the constitution by the board. Hence, within the revision on constitutional court law in National Legislation Program, it's important to do institutional strengthening the board of conduct and to ripen position the tribunal honor judges to carries out surveillance and checks for violation code of ethics and behavior by the judges.Keywords: code of ethics and behavior, The Board Of Ethics Judge Constitution, judge, supervision

scholarly journals PENGAWASAN PERILAKU HAKIM MAHKAMAH KONSTITUSI OLEH DEWAN ETIK / THE SUPERVISION BEHAVIOR JUDGE OF CONSTITUTIONAL COURT BY ETHICS COMMITTEE

2017 ◽  
Vol 6 (1) ◽  
pp. 25
Author(s):  
Nuzul Qur'aini Mardiya
Keyword(s):  
Code Of Ethics ◽  
Code Of Conduct ◽  
Ethics Committee ◽  
Constitutional Court ◽  
Legal Basis ◽  
National Legislation ◽  
Institutional Strengthening ◽  
The Media ◽  
And Behavior ◽  
Profession Ethics

Mahkamah Konstitusi mempunyai Kode Etik dan Perilaku Hakim Konstitusi sebagai landasan hukum untuk melaksanakan etika profesinya. Dalam mengemban tugasnya, hakim konstitusi memiliki potensi untuk melanggar kode etik dan perilaku hakim. Guna mengawasi perilaku hakim konstitusi dibentuklah Dewan Etik Hakim Konstitusi (DE-HK) yang memiliki kewenangan memeriksa dan memutus laporan pengaduan masyarakat dan informasi media/masyarakat terkait dugaan pelanggaran kode etik dan perilaku Hakim Konstitusi serta pelanggaran terhadap UU MK mengenai larangan dan kewajiban Hakim Konstitusi. DE-HK berwenang untuk menjatuhkan sanksi teguran lisan dan jika pelanggaran bersifat berat, DE-HK merekomendasikan pembentukan Majelis Kehormatan MK dan usul pemberhentian sementara Hakim Konstitusi, dan jika tak terbukti DE-HK merehabilitasi Hakim Konstitusi yang bersangkutan. Penelitian ini dilakukan secara yuridis normatif dengan mengkaji obyek atau sasaran penelitian berupa peraturan, perundang-undangan dan bahan hukum lainnya terkait pengawasan perilaku hakim konstitusi oleh dewan etik. Revisi UU MK dalam Prolegnas merupakan momentum penting untuk melakukan penguatan kelembagaan Dewan Etik dan mematangkan posisi Majelis Kehormatan Hakim untuk melaksanakan pengawasan dan pemeriksaan atas pelanggaran kode etik profesi dan perilaku hakim terhadap hakim Mahkamah Konstitusi.The Constitutional Court has a code of ethics and behavior of judges the constitution as the legal basis to carry out profession ethics. Due to his duty, judge of the constitution had potentially breaking the code of conduct and behavior of judges. In order to oversee the conduct of judges the constitution formed The Board of Ethics Judge Constitution (DE-HK) who has authority to check and give decision regarding of the reports on complaints and information through the media/the community related to alleged violations the code of conduct and behavior of judges the constitution as well as a violation of law constitutional court. The Board would have the authority to impose sanctions verbally and if the offense heavy, the board recommended the formation of an assembly of honor of constitutional court and make propose of the suspension of the judge the constitution, and if not proven The Board rehabilitates judge that concerned. This study is done in a juridical manner normative by looking at an object or target of regulation research, legislation and materials law other related supervision the conduct of judges the constitution by the board. Hence, within the revision on constitutional court law in National Legislation Program, it's important to do institutional strengthening the board of conduct and to ripen position the tribunal honor judges to carries out surveillance and checks for violation code of ethics and behavior by the judges.

scholarly journals Independence of the Indonesian Constitutional Court in Norms and Practices

2017 ◽  
Vol 3 (1) ◽  
pp. 71
Author(s):  
Luthfi Widagdo Eddyono
Keyword(s):  
Significant Role ◽  
Political Institutions ◽  
Public Trust ◽  
Judicial Power ◽  
Constitutional Court ◽  
The Third ◽  
The Law ◽  
And Behavior ◽  
Ethics Council

Article 24 (1) of the 1945 Constitution States after the third amendment, “the judicial power shall be independent in administering justice so as to uphold the law and equality.” The Indonesian Constitutional Court is one of the performers of the independent judicial power who plays a significant role in the enforcement of the constitution and the principle of the state based on the law by its authority and obligations as determined by the 1945 Constitution. This paper intends to study the Indonesian Constitutional Court to find out whether the Constitutional Court in exercising its constitutional authority can be independent. Also, this article will examine not just institutional independence but also judges independence to understand current issues related to the role of ethics and conduct of judges. The independence of the Indonesian Constitutional Court supported by the 1945 Constitution after the amendments from 1999 until 2002, and further stipulated in Law. However, it can be said that this institution has ups and downs of public trust due to corruption cases conducted by constitutional justices. Also, in several political instances showed efforts of political institutions to limit the authority of the Constitutional Court. In its experiences, the Constitutional Court succeeded in convincing the parties through its decisions and strengthening institutional independence against the influence that tried to destabilize its institutions. The Council of Ethics of Constitutional Judges that maintains the values and behavior of judges also continuously works and efficient enough in overseeing the ethics and conduct of judges. The decision of the Ethics Council may also be accepted as a proportional decision.

scholarly journals Rekonstruksi Rekrutmen Dan Pengawasan Eksternal Hakim Mahkamah Konstitusi Dengan Pendekatan Hukum Progresif

2020 ◽  
Vol 5 (1) ◽  
pp. 1-25
Author(s):  
Adi Fauzanto
Keyword(s):  
Government Regulation ◽  
Legal Theory ◽  
Expert Panel ◽  
Code Of Ethics ◽  
Judicial Power ◽  
Constitutional Court ◽  
Theory Approach ◽  
Checks And Balances ◽  
Democratic State ◽  
Law And Justice

Indonesia is a country of law. Jimly Asshiddiqie formulated twelve main principles of modern rule of law, one of which was the existence of a free and impartial judiciary, and the existence of a constitutional justice mechanism. After amendments of the constitution of the 1945 Constitution of the Republic of Indonesia, it has implications for the structure of more democratic state institutions. These changes give birth to the building of state relief from one another in an equal position with mutual control (checks and balances). Judicial Power is an independent power to administer justice to uphold law and justice. An independent judicial power or what is referred to as the principle of independence cannot be separated from the principle of checks and balances adopted by Indonesia to ensure that the institutions of authority and duties are balanced and the principles of the state are based on law and constitution. In Indonesia, the Constitutional Court judiciary was born on August 13, 2003, which was formed based on Law Number 24 of 2003 concerning the Constitutional Court. The history of the establishment of the Constitutional Court (MK) began with the adoption of the idea of a Constitutional Court in constitutional amendments. In the course of normative juridical arrangements regarding the Constitutional Court, there have been four amendments, namely (1) Law Number 24 of 2003 concerning the Constitutional Court; (2) Law Number 8 of 2011 concerning Amendment of Law Number 24 of 2003 concerning the Constitutional Court; and (3) Government Regulation in Lieu of Law Number 1 of 2013 concerning Second Amendment to Law Number 24 of 2003 concerning the Constitutional Court which has been ratified into law with Law Number 4 of 2014 and has been cancelled by MK Decision Number 1-2 / PUU-XII / 2014. This is due to several problems faced by the Constitutional Court, namely Constitutional Court Judges who violated the code of ethics to commit corruption and bribery. Of course, there is a need for a comprehensive study relating to (1) Appointment of Constitutional Justices and Panel of Experts and (2) External Oversight of Constitutional Justices and the Ethics Board of Constitutional Justices. use the Progressive Legal Theory approach to get solutions to the problematics that occur, which explore the values contained in society. In its arrangement, the Expert Panel and External Oversight have been regulated in Perppu No. 1 of 2013 which has been stipulated as Law Number 4 of 2014, but in that Act, the Court considers that the Expert Panel and External Oversight Committee formed by the Judicial Commission is considered unconstitutional because there is no principle of checks and balances within the judicial authority. With the susceptibility of constitutional judges to take actions outside of authority and other factors that have implications for the declining level of the Constitutional Court's confidence in society. Therefore, the researcher here wants to reconstruct a Panel of Experts and External Supervisors who answer the previous problems. The purpose of the Reconstruction of Panel of Experts and External Oversight is to realize a law enforcement system that is free of corruption, collusion, nepotism.

scholarly journals Eksistensi Majelis Kehormatan Mahkamah Konstitusi (Studi Keputusan Majelis Kehormatan Mahkamah Konstitusi Nomor 01/MKMK/X/2013)

2018 ◽  
Vol 15 (3) ◽  
pp. 666
Author(s):  
Sutan Sorik ◽  
Mirza Nasution ◽  
Nazaruddin Nazaruddin
Keyword(s):  
Decision Analysis ◽  
Code Of Ethics ◽  
Judicial Power ◽  
Analysis Approach ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Absolute Requirement ◽  
Ethics Code ◽  
Constitutional Justice ◽  
And Behavior

Penelitian ini membahas tentang eksistensi Majelis Kehormatan Mahkamah Konstitusi. Metode yang digunakan dalam penelitian ini adalah yuridis normatif. Hasil penelitian menunjukkan bahwa kebebasan Hakim Konstitusi untuk menjalankan fungsi, kewenangan, serta kewajibannya merupakan hal yang mutlak harus dimiliki Hakim Konstitusi. Akan tetapi demi menjamin kehormatan, keluhuran martabat, dan kode etik Hakim Konstitusi, maka harus ada mekanisme pertanggungjawaban setiap perbuatan Hakim Konstitusi melalui pengawasan. Hal ini dilakukan supaya kebebasan tersebut tidak disalahgunakan menjadi tameng hukum oleh Hakim Konstitusi. Studi ini juga berhasil mengkonfirmasi bahwa Keputusan Majelis Kehormatan Mahkamah Konstitusi Nomor 01/MKMK/X/2013 yang menyatakan Hakim Terlapor H.M. Akil Mochtar terbukti melakukan pelanggaran Kode Etik dan Perilaku Hakim Konstitusi, dengan menjatuhkan sanksi pemberhentian tidak dengan hormat, telah memberikan kepastian hukum dan kejelasan lembaga pengawas perilaku Hakim Mahkamah Konstitusi. Sehingga anggapan tirani yudisial, dan tirani kekuasaan kehakiman yang dijalankan Mahkamah Konstitusi secara monopolistik tidak benar-benar terjadi di Mahkamah Konstitusi.This study discusses the existence of the Constitutional Court Honorary Council. The method used in this study is normative juridical, with a decision analysis approach of the Constitutional Court Honorary Council Number 01/MKMK/X/2013. From the analysis, it is known that the freedom of Constitutional Judges to carry out their functions, authorities, and obligations is an absolute requirement for Constitutional Judges. However, in order to guarantee the honor, dignity and ethics code of the Constitutional Justices, there must be a mechanism of accountability for every act of the Constitutional Justice through supervision. This is done so that freedom is not misused to be a legal shield by a Constitutional Judge. This study also succeeded in confirming that the Decision of the Constitutional Court Honorary Assembly Number 01/MKMK/X/2013 stated the Reported Judge H.M. Akil Mochtar was proven to have violated the Code of Ethics and Behavior of Constitutional Judges, by not sanctioning dismissal with respect, has provided legal certainty and clarity of the supervisory body of the conduct of the Judge of the Constitutional Court. So that the assumption of judicial tyranny, and the tyranny of the judicial power exercised by the Constitutional Court are monopolistically not true in the Constitutional Court.

scholarly journals Perlunya Amandemen Terhadap Pasal 24 B Ayat (1) UUD 1945 Dalam Rangka Pengawasan Terhadap Hakim Konstitusi

2020 ◽  
Vol 4 (1) ◽  
pp. 31-44
Author(s):  
Suparto Suparto
Keyword(s):  
Code Of Ethics ◽  
Constitutional Court ◽  
The Future ◽  
Constitutional Justice ◽  
And Behavior ◽  
Attitudes And Behavior

Abstrak Peran dari hakim konstitusi untuk menegakkan keadilan sangat strategis, oleh karena itudiperlukan hakim yang mempunyai sikap dan perilaku yang baik. Dengan demikian hakimkonstitusipun perlu dilakukan pengawasan terhadap perilakunya demi menjaga marwahinstitusi peradilan. Permasalahannya apa upaya yang dapat dilakukan agar pengawasaneksternal terhadap kode etik dan perilaku hakim konstitusi dilaksanakan oleh KomisiYudisial. Pengawasan yang bersifat eksternal terhadap hakim konstitusi saat ini belum adapengaturannya, sehingga dimasa mendatang perlu dilakukan karena secara profesi hakimkonstitusi sama dengan hakim-hakim yang lain. Komisi Yudisial sebagai lembaga negara hasilreformasi dan diberi kewenangan oleh UUD 1945 untuk menjaga dan menegakkankehormatan, keluhuran martabat dan perilaku hakim sudah selayaknya untuk diberikankewenangan untuk melakukan pengawasan eksternal terhadap perilaku hakim konstitusi.Namun demikian pengawasan terhadap hakim konstitusi jangan sampai mengintervensiindependensi peradilan sehingga perlu dicarikan formulasi yang tepat untuk mensinergikanantara pengawasan dengan independensi peradilan. Berhubung Pasal 24B ayat (1) terkaitkata ”hakim” ditafsirkan oleh Mahkamah Konstitusi bukan termasuk hakim konstitusi(Putusan Mahkamah Konstitusi No. 005/PUU-IV/2006 dan No.1-2/PUU-XII/2014, maka kedepan agar hakim konstitusi dapat diawasi oleh Komisi Yudisial, perlu dilakukan amandementerhadap Pasal 24B ayat (1) UUD 1945 terkait dengan kata ”hakim”. Kata Kunci : Pengawasan, Hakim Konstitusi, Amandemen UUD 1945AbstractThe role of constitutional justices to uphold justice is very strategic, therefore judges who havegood attitudes and behavior are needed. Thus, constitutional judges also need to supervise theirbehavior in order to maintain the dignity of judicial institutions. The problem is what efforts canbe made so that external supervision of the code of ethics and behavior of constitutional justicesis carried out by the Judicial Commission. External supervision of constitutional judges at thistime has not yet been regulated, so that in the future it needs to be done because professionallyconstitutional justices are the same as other judges. The Judicial Commission as a stateinstitution as a result of reforms and given the authority of the 1945 Constitution to maintainand uphold the honor, nobility and behavior of judges should be given the authority to conductexternal supervision of the behavior of constitutional justices. However, the supervision ofconstitutional justices should not intervene in the independence of the judiciary so that anappropriate formulation is needed to synergize between supervision and judicial independence.Since Article 24B paragraph (1) related to the word "judge" was interpreted by the Constitutional Court not including constitutional justices (Decision of the Constitutional Court No. 005 / PUU-IV / 2006 and No.1-2 / PUU-XII / 2014, then in the future so that Constitutional judges can be supervised by the Judicial Commission, amendments to Article 24B paragraph (1) of the 1945 Constitution are needed in connection with the word "judge".Keywords: Supervision, Constitutional Justice, Amendment to the 1945 Constitution 

scholarly journals The Legal maxims of Maʾālāt and its Contemporary Application on Financial Transactions

2021 ◽  
Vol 4 (3) ◽  
pp. 76-97
Author(s):  
Mahamed Fathy Eletrebi ◽  
Hassan Suleiman
Keyword(s):  
Research Method ◽  
Research Problem ◽  
Financial Applications ◽  
The Past ◽  
Legal Texts ◽  
Deductive Method ◽  
Intellectual Knowledge ◽  
And Behavior ◽  
Financial Transactions

Our religion with its wisdom and jurisprudence; it is wise for Muslims to look at their future and what their actions and behavior will lead to - after benefiting from the experiences of the past and the experiences of the present - by anticipating it and challenging it and preparing for it with what it needs of sciences and arts that guarantee them a sublime human meeting, as Abdulqadir Al-Kilani said. Hence our interest in the outcomes and their fundamentalist rules and contemporary financial applications. As for the study’s goal, it is to employ our Islamic fundamental, intentional, jurisprudential and intellectual knowledge in a jurisprudential adaptation of the most prominent contemporary transactions. Therefore, the research problem is: What is the role of the rules of fate in the jurisprudential view of contemporary transactions. The research method is inductive, analytical, and deductive method. By extrapolating the legal texts established to consider the outcomes and then analyzing those texts to derive appropriate provisions for contemporary financial transactions. The most prominent results: First: that Islam prepared man to consider the fates and freed him from the obstacles of superstition, pessimism, volatility, and astrology. Second: The rules of fate aim to consider the legal rulings related to the true tomorrow and the possible actions of the taxpayers based on the past, understanding the reality and anticipating the future according to the possible capacity. Third: The Holy Qur’an was concerned with the cosmic and social norms as harbingers of the fates and the meanings of their perception, as it was concerned with time in all its parts, past, present and future, so that the Muslim would be on the basis of his order in his movement, his residence, its causes, and its consequences.

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