CD Skripsi

"Analisis Yuridis Penggantian Hakim Mahkamah Konstitusi Dalam Masa Jabatannya Oleh Dewan Perwakilan Rakyat (Studi Penggantian Hakim Konstitusi Aswanto Oleh Dewan Perwakilan Rakyat Republik Indonesia)"

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The Constitutional Court is a high state institution in the Indonesian constitutional system which has constitutional authority to adjudicate at the first and final level to decide disputes over the authority of state institutions, the dissolution of political parties, disputes over general election results, and judicial review of the 1945 Constitution. The constitution acts as the guardian of the constitution whose task is to ensure that all legal products and actions of state institutions do not conflict with the constitution.
This research is normative research. This is based on library research which takes quotations from reading books, or supporting books that are related to the problem to be researched. This research uses secondary data sources consisting of primary, secondary and tertiary book materials. This research also uses qualitative data analysis and produces descriptive data.
From the results of the research and discussions carried out, several conclusions were obtained, namely: First, Article 10 paragraph (1) PMK 4/2012 clearly states that the replacement or removal of Constitutional Court Judges from their positions can only be carried out by presidential decree at the request of the chairman of the Constitutional Court ., Second, the removal of Constitutional Judge Aswanto by the DPR is an attempted intervention against the Constitutional Court Judge, in this case the Judicial Authority should have freedom and independence in carrying out the duties and functions of the Constitutional Court. So it can be concluded that the dismissal of Judge Aswanto and appointing Guntur Hamzah as Constitutional Court Judge is not can be justified because it is contrary to law. The author's suggestion is that the President is expected to show firmness in handling the replacement of Constitutional Justice Aswanto. In this case, the President is not obliged to pay attention to the letter from the DPR regarding the replacement of Constitutional Justice Aswanto with Guntur Hamzah, or provide a response that the President cannot carry out the replacement because the process is wrong. Apart from that, it is necessary to change the model for nominating and appointing constitutional judges so that they are no longer proposed by three institutions, but rather by the Constitutional Court itself. This step aims to guarantee and maintain the independence of the Constitutional Court as a judicial institution that is free from political interference and ensures fair law enforcement and in accordance with constitutional principles.
Keywords: Constitutional Court – Replacement of Judges – People's Representative Council

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909113365

Penerbit

Pekanbaru : Universitas - Riau - Fakultas Hukum - Hukum Tata Negara., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909113365

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

Rahmat Hidayat Syahputra

Versi lain/terkait

Lampiran Berkas

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