CD Skripsi

Analisis Kedudukan Majelis Kehormatan Mahkamah Konstitusi Dalam Kelembagaan Mahkamah Konstitusi

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Judicial power is independent power to administer justice to uphold law and justice. One of the institutions of judicial power is the Constitutional Court (MK). In carrying out their duties, a judge must comply with the Code of Ethics for Constitutional Judges, therefore, a supervisory institution for constitutional judges is needed in carrying out their duties. In the state institution system, the institution authorized to supervise the independence of judges within the judiciary is the Judicial Commission (KY). Constitutional judges were actually once the object of KY supervision, but since MK Decision Number 005/PUU-IV/2006, the KY's authority to supervise constitutional judges has been decided to be unconstitutional. Apart from the Constitutional Court's decisions being final and binding, one of the Constitutional Court's authorities according to the 1945 Constitution is to decide disputes over the authority of state institutions whose authority is granted by the 1945 Constitution. If the Constitutional Court has the authority to supervise constitutional judges, then at some point the Constitutional Court is faced with a dispute over authority between state institutions involved in the KY, the Constitutional Court's authority will be disturbed and trapped and can give rise to the perception that the Constitutional Court cannot be impartial. So the Constitutional Court Honorary Council (MKMK) was formed as an internal supervisory institution formed by Constitutional Justices.
This research can be classified into a type of normative legal research related to Constitutional Court Regulations. Then use data sources from primary, secondary and tertiary legal materials by conducting literature studies in collecting data and using qualitative analysis methods in processing data and drawing conclusions.
From the results of research that has been carried out, this internal supervision institution is considered ineffective due to the lack of transparency and neutrality of the supervision carried out. Based on these studies, neutrality in the formation of supervisory institutions is very necessary to form an ideal supervision mechanism based on Sapta Karsa Utama. If we look at the mechanism for establishing the MKMK, there is no guarantee of neutralization by Constitutional Justices, this is due to the lack of transparency regarding the prospective members of the Honorary Council who are selected at the Judges' Consultative Meeting. The formation of this Honorary Council is also considered ineffective because this Honorary Council will supervise the performance of the Constitutional Justices who formed it.

Keywords: Position, MKMK, Establishment

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009113316

Penerbit

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

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009113316

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 TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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