CD Skripsi
Analisis Yuridis Putusan Mahkamah Konstitusi Nomor 56/Puu-Xx/2022 Tentang Pengujian Materiil Pasal 27 A Ayat (2) Huruf B Undang-Undang Nomor 7 Tahun 2020 Tentang Mahkamah Konstitusi
ABSTRACT
Judicial power is an independent and independent power that carries out a judicial function in the field of justice. The Constitutional Court is a state institution that carries out the functions of judicial power which is granted constitutional authority in Article 24 letter C of the 1945 Constitution of the Republic of Indonesia. In addition, the Judicial Commision is part of the judicial power but does not carry out a judicial function. Judicial Commision is only an institution that balances the power of the judiciary which has the authority by the Constitution to maintain and uphold the nobility and behavior of judges.
The type of research used by the author is normative legal research or what is known as "legal research". Which means that this legal research, law is often conceptualized as what is written in statutory regulations (law in book) or law. Regarding the Constitutional Court Decision Number 56/PUU-XX/2022 which conducted a material review of Article 27 A paragraph (2) Letter B Law Number 7 of 2020 Concerning the Constitutional Court.
The Constitutional Court Decision Number 56/PUU-XX/2022 states that 1 (one) member of the Judicial Commission as one of the elements in the Honorary Council of the Constitutional Court is contrary to the Constitution and deleted. Meanwhile, the background or urgency for the establishment of the Judicial Commision was to overcome judicial mafia practices that had mushroomed at that time in Indonesian courts, as well as to restore public confidence in the judiciary. Judicial Commision is mandated by Article 24B paragraph (2) to protect and uphold the honor of judges, while the Constitutional Court is of the opinion that the judges in question are different from Constitutional Court judges in their positions. in the Constitution itself there is no distinction between judges according to their position or function. It is feared that the Judicial Commision's exception will further open up opportunities for judicial mafia practices. In this regard, this decision will also result in a situation that makes the Court a super body judicial institution because there is no institution outside the Court that will supervise and uphold the ethics of the Constitutional
Court.Keywords: Decision MK, MKMK, KY Supervision
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