The Importance of an External Supervision for Constitutional Judges to Keep the Honor of the Constitutional Court (original) (raw)

External Supervision Of The Judicial Commission Of Judges In Indonesia

Jurnal Penegakan Hukum Indonesia

Writing this made for knowing effectiveness Commission Judicial in supervision against judges in Indonesia and the causes Thing that . Case - case prosecution of judges who violate code judge ethics and violate law already Becomes phenomenon moment this . Method research used _ in this article is " research " law normative / juridical normative , data which obtained analyzed by descriptive qualitative . Analysis descriptive qualitative that is method data analysis grouping and selecting data primary in the form of law , then connected with theory - theory , principles , and rules law which obtained from studies related literature _ with object study that is Commission judicial , so that obtained answer on formulated problem . _ From result study meant found answer that role Commission Judicial in skeleton supervision against the judges yet effective . This thing caused by because among them no have authority for drop punishment administration alone to judge and no have aut...

Limitation of Misconduct of Judges: Increasing The Synergy of Supervision of Judges by The Judicial Commission and The Supreme Court

Yuridika

The supervision of judges in judicial power in Indonesia is carried out by two state institutions: the Judicial Commission and the Supreme Court. Internal supervision of judges is carried out by the Supreme Court on the judicial technicalities of judges and externally by the Judicial Commission on the ethical aspects of judge behavior. However, in its implementation, there is still no explicit limit to the scope of judges’supervision between the two institutions. This research aims to provide a different perspective and new breakthrough in judge supervision, namely, setting a boundary between judicial technical violations and ethical violations in examining alleged ethical violations by judges as a form of judicial supervision. The type of research used was reform-oriented research using a statutory and conceptual approach. The results showed that the mechanism for supervising judges was regulated through the Joint Regulations of the Supreme Court and Judicial Commission on the Code...

Judicial Commission Supervision in the Relations with the Authority of the Supreme Court

International Journal of Scientific Research and Management, 2019

The Judicial Commission is formed with two constitutive authorities, namely to propose the appointment of Supreme Judges and have other authority in order to maintain and uphold the honor, dignity and behavior of judges. This study will focus on knowing and analyzing the implementation of the roles and functions of Judicial Commission in maintaining the dignity of judges and to know more deeply about the continuity and strength of sanctions, especially moderate and mild sanctions issued by Judicial Commissions on judges who violate the Code of Ethics and Judicial Behavior Guidelines (KE&PPH) so many proposed recommendations for sanctions of the Judicial Commission are exceute by the Supreme Court of Justice as the executor of sanctions and what are the legal consequences of this act.

Oversight of the Judicial Agency by the Judicial Commission

2021

The 1945 Constitution of the Republic of Indonesia regulates the existence of the Judicial Commission , the Judicial Commission has the authority regulated in the 1945 Constitution Article 24B paragraph (1) which states that the Judicial Commission has the authority to propose the appointment of supreme justices and has other powers in order to protect and upholding the honor, dignity and behavior of judges. The research uses normative legal research by using a kind of normative juridical approach. Based on the results of this study it is understood that the legal arrangements regarding the authority of the judicial commission in the perspective of enforcing the code of ethics in the judiciary have not fully provided enforcement of violations of the code of ethics and guidelines for judges' behavior to the Judicial Commission. Because the decision issued by the Judicial Commission itself is still a recommendation, which means that it must be discussed jointly by the Supreme Cou...

Reformulation of the Authority of Judicial Commission: Safeguarding the Future of Indonesian Judicial Power

Jambura Law Review, 2023

Jurisdiction of Indonesian judiciary still leaves various polemics, one of which relates to decisions that are antinomian between the Constitutional Court and the Supreme Court. This research aims to describe efforts to resolve these issues through reformulation within the constitution, regarding the supervisory authority of the Judicial Commission in creating harmonization of judicial decisions in the future. This type of research is normative research. The results indicate that reformulation or redefinition of the authority of the Judicial Commission in the constitution is a gateway to optimizing the role of the Judicial Commission as a product of reform in supervising judges in issuing correct, fair, and legal certainty decisions. Regulation through the constitution is an attributive authority in which the formulation of constitutional norms in the chapter on judicial power, particularly Article of the Judicial Commission, should preferably include phrases of "safeguarding" and "upholding" the code of ethics and conduct of judges, as preventive and repressive measures to prevent antinomian decisions between two judicial state institutions from recurring.

Strengthening the Roles of Judicial Commission

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law), 2018

This paper discusses the role of judicial commission (JC) in some states of the world based on their respective constitutions. Especially Indonesia, the role can be strengthened by amending the 1945 Constitution. JC is an independent institution that functions to strengthen a credible, efficient, and effective judiciary, which is trusted by the people. As a supporting institution focus JC differences in the world. There are focuses attention on technical policy, making and budgeting of the judiciary, while others emphasize to the problems career, recruitment, discipline, ethics and behavior of judges. Therefore, each country should increase the role of JC institution by taking and adding positive things in the implementation. In addition, since the foundation of JC is related closely to the performance of judges, it is time for each state to give full authority to the JC to conduct audit of judge's decision (verdict), to supervise honor, nobility, ethics, and dignity of judges

Model of Judges Supervision for Indonesia Independent Judicial Power Implementation

Jurnal Dinamika Hukum, 2017

Judges supervision in Indonesia’s constitutional system in the future will only be performed by Judicial Commission. Judicial Commission involves Judicial Commission, Provincial Judicial Commission and District/City Judicial Commission based on each authority. The research discusses model of judges supervision to implement an independent judicial power for the future Indonesia. This research is a normative juridical research with statute approach and conceptual approach. The results show Local Judicial Commission has duties and authorities to; First, monitor and surpervise Judges’ behavior. Second, receive report from the people related to the violence of Ethic Code and/or Judges Code of Conduct. Third, verify, clarrify, ad investigate report related to presumption of violation of Ethic Code and/or Judges Code of Conduct covertly. Fourth, take legal action and/or other actions to individual, group or legal entity that degrade the honor and dignity of Judges.Keywords: Judicial Commis...

Organizational Improvement of the Indonesian Constitutional Court: Reflections on Appointment, Supervision, and Dismissal of Justices

International Journal for Court Administration, 2021

Since its establishment in 2003, the Constitutional Court of Indonesia (the CCI) has been playing an important role in securing basic democratic order, the rule of law and fundamental rights protection in Indonesia. Despite its achievements, however, the Indonesian constitutional adjudication system also has raised public comments and criticisms, due to deficiencies in the organizational system, including appointment, supervision, and dismissal of constitutional justices. The aim of this article is to evaluate the Court's organizational system by finding the problems and challenges faced by the Court. To give maximum protection to the fundamental rights of citizens in Indonesia, it is imperative that the CCI should improve its role and performance, while the current organizational problems can be solved using a comparative study with constitutional courts in other countries. The article proceeds to offer proposals for improving the CCI's organizational system, such as improving the justices' appointment system and strengthening the ethics supervisory system of justices.

The impact and the effect, of the management and control of judges by the executive on the independence of the judiciary

2009

Port Elizabeth (South Eastern Cape Local Division); Pretoria (Transvaal); and Thohoyandou (Venda). A dual approach using two types of research instruments, namely the survey questionnaire and the interview qnestionnaire, was used. In 1999 only two of the ten Constitutional Court judges were women (Sally Baden, Shireen Hassim and Sheila Mein~es, 1999). At that time there were only two female judges in the Labour Court and one in the Land Claims Court. Also, of the total of 186 judges, at the time, 156 were white males, 20 were black males, 7 were white women and 3 were black women. However, the racial and gender composition of the judiciary has changed dramatically since then (Seedat, 2005, page 5) and (Lewis, 2008, page 1). No random sample was taken, dne to the small population size of the judiciary and it was feared that it would further reduce the response rate. Both research instruments (the survey questionnaire and the interview schedule of questions) were sent to the entire population of judges, which at the time that the study was conducted, consisted of 213 judges in total. The main source of data was obtained from the research questionnaire developed by the researcher. This was posted to each of the respondents, together with a self-addressed envelope. The aforesaid data was obtained from the semi-structured face to face (alternatively telephonic) interviews conducted with the respondents, who were willing to participate and agreed to be interviewed. Amongst the judges surveyed and interviewed some were current judges, some were retired judges and some were acting judges, of the various superior courts (the interview questionnaire was also developed by the researcher), all of whom were spread across the whole of South Alrica. Due to distance and time constraints, a number of the judges agreed to be interviewed telephonically instead of face to face, which saved the researcher a great deal of expense, with regards to travelling and accommodation. The constant comparative method of qualitative analysis was used. Data reduction was carried out in three stages, each representing a progressively higher level of theoretical abstraction. The findings of the research are expressed as an integrated theory and a series of propositions, generalized within the boundaries of the study, relating legislative and executive interference with the judiciary and what the impact and effect these have had on the independence of the judiciary. v The conclnsions may be snmmarized in four statements. Firstly, there is political interference with the personnel of the jndiciary, through the Iudicial Service Commission being involved in the judicial selection and disciplinary processes. This has negatively impacted on the efficient functioning of the judiciary. Secondly, the judiciary has transformed and no further political inference is necessary to bring about transformation of its structures or its functioning. •lhirdly, there is executive interference, by the Department of Iustice, with the judiciary's finances and court administration, which has negatively impacted on the efficient functioning of the judiciary. Fourthly, the proposed judicial hills are an unnecessary intrusion and, if enacted, will increase the executive's power over the functioning of the judiciary, further undermining its independence and possibly eventually leading to its complacency. This will have adverse consequences for all South Africans, including the business community, as local and foreign investor confidence in the South African judiciary's ability to protect and enforce their rights. In light of the aforesaid, the recommendation is that all forms of political interference with the judiciary should be removed and that the legislature and the executive should support the judiciary and protects it from judicial criticism. The legislature and the executive should take steps where necessary to relnedy the abovementioned, for example to correct the imbalances in the composition of the Iudicial Service Commission and allow the judiciary to control its own internal processes thereby ensuring that it functions efficiently and independently.

An Overview of the Judicial Monitoring and Supervision Urgency in Making Clean Judiciary

2021

A clean judiciary is the hope of all levels of Indonesian society. A clean judiciary is a court that carries out its duties and functions based on the provisions of the applicable laws and prioritizes legal certainty, justice, and benefit. This study aims to see how regulating and changing forms of judicial supervision and warning in realizing clean justice and to answer whether other legal rules are still needed to strengthen the role of the people who participate in and monitor the judicial path. This research is normative legal research, it is a study that examines matters of a theoretical nature, principles, conceptions, legal doctrine, and legal principles related to judicial supervision and supervision in the context of realizing a clean judiciary. Meanwhile, the legal materials used are primary, secondary, and tertiary legal materials and their sources. The results of this research are a) judicial monitoring and supervision should be done in order to conduct a clean judiciary...