Legal Renewal In The Supervision System Of Constitutional Judges In Indonesia

yarni, meri and kosariza, kosariza and netty, netty and johan, bahder (2019) Legal Renewal In The Supervision System Of Constitutional Judges In Indonesia. INTERNATIONAL JOURNAL OF SCIENTIFIC & TECHNOLOGY RESEARCH, 8 (12). pp. 2589-2594. ISSN 2277-8616

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Abstract

The Constitutional Court is one of the main state organs in the Indonesian institutional structure that was formed based on article 24C mandate in conjunction with Article III of the Amendment Constitution of the Republic of Indonesia. authoritarian towards a more democratic one. The establishment of the Constitutional Court in Indonesia is at least motivated for three reasons: philosophical reasons, political reasons and socio-historical reasons. On these three grounds, it was finally realized that to create a democratic and constitutional government, an institution that has the authority to exercise judicial control is needed. The problems that arise are related to the four functions that must be carried out by the Constitutional Court, namely as guardians of the constitution, interpreters of the constitution, enforcers of democracy and guardians of human rights. The four functions are carried out through the implementation of four authorities and one obligation which can be seen as an authority as specified in Article 24C paragraph (1) and (2) Constitution of the Republic of Indonesia. why need renewal and how the ideal system of supervision of Constitutional Justices in Indonesia. The method used in this study is a normative legal research method with a focus on reviewing and reviewing various literatures regarding the supervision model of Constitutional Judges from time to time in order to find the ideal construction model of supervision of Constitutional Judges in Indonesia. The research approach used is the legislative approach, conceptual approach, and historical approach. The results of the study indicate the importance of specific arrangements where efforts are needed to reconsider the current system of supervision of the behavior of Constitutional Justices. Back to the basic thinking about the purpose of the establishment of the Constitutional Court which was then contextualized with the Constitutional Judge as the executor of the judicial power to formulate new construction (ius constituendum) the supervision model of the Constitutional Justice.

Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: KOSARIZA
Date Deposited: 19 Mar 2021 02:57
Last Modified: 19 Mar 2021 02:57
URI: https://repository.unja.ac.id/id/eprint/18423

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