2589 IJSTR©2019 www.ijstr.org Legal Renewal In The Supervision System Of Constitutional Judges In Indonesia

Yarni, Meri and Kosariza, kosariza and Netty, Netty and Johan, Bahder (2019) 2589 IJSTR©2019 www.ijstr.org Legal Renewal In The Supervision System Of Constitutional Judges In Indonesia. INTERNATIONAL JOURNAL OF SCIENTIFIC & TECHNOLOGY RESEARCH, 8 (12). pp. 2589-2594. ISSN ISSN 2277-8616

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Abstract

Abstract T he 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 m ore 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 instit ution that has the authority to exercise judicial control i s needed. The problems that arise are related to the four functions that must be carried out by the Constitutional Court, nam ely as guardians of the constitution, interpreters of the constitution, enforcers of democracy and guardians of human rights. The f our functions are carried out through the implementation of four authorities and one obligation which can be seen as an authority as specified in Artic le 24C paragraph (1) and (2) Constitution of the Republic of Indonesia. why need renewal and how the idea l 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 re garding the supervision model of Constitutional Judges from t ime 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 in dicate the impo rtance of specific arrangements where efforts are needed to reconsider the current system of supervision of the behavior of Constitutio nal Justices. Back to the basic thinking about the purpose of the establishment of the Constitutional Court which was the n 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. Index Terms c onstitutional judge, legal reform, monitoring system

Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Yarni
Date Deposited:	19 Mar 2021 03:50
Last Modified:	19 Mar 2021 03:50
URI:	https://repository.unja.ac.id/id/eprint/18407

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