Relasi Kekuasaan Komisi Yudisial - Dewan Perwakilan Rakyat dan Presiden dalam Pengangkatan Hakim Agung
This research aim to answer 2 (two) problems in accordance to relation of authority of Judicial Commision-House of Representative and President in promoting supreme judges. First, this article analyze model of relation of authority between Judicial Commision-House of Representative and President in...
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| Format: | Article |
| Language: | English |
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Faculty of Law Universitas Kristen Maranatha
2017-05-01
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| Series: | Dialogia Iuridica |
| Subjects: | |
| Online Access: | https://journal.maranatha.edu/index.php/dialogia/article/view/716 |
| _version_ | 1797400592489906176 |
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| author | Idul Rishan |
| author_facet | Idul Rishan |
| author_sort | Idul Rishan |
| collection | DOAJ |
| description | This research aim to answer 2 (two) problems in accordance to relation of authority of Judicial Commision-House of Representative and President in promoting supreme judges. First, this article analyze model of relation of authority between Judicial Commision-House of Representative and President in promoting supreme judges in Indonesia. Second, the article analyze implication of Constitutional Court’s Verdict Number 27/PUU-XI/2013 to relation of authority between Judicial Commision-House of Representative and President in promoting supreme judges in Indonesia.
This article is using qualitative descriptive method. Type of research is normative juridical by exercising library research on study of positive law and nature of prescriptive.
This article conclude that (1), basically, relation of authoritybetween Judicial Commision-House of Representative and President designed to create check and balance principle in promoting supreme judges. Existency and involvement of Judicial Commision in democratic transition was expected as an answer and ending of bitter history in previous mechanism in promoting supreme judges which loaded with intervention of rulers. That expectation was not propotional when integrated to level of statute. Friction of paradigm occurred when House Representative expropriate the role as main actor in promoting supreme judge and negate the roles of Judicial Commision to relation of Authority which based on ratio. This friction triggered by accidental amandement of constitution, which evoke strong wave of reformation and the effort in preserving back classic model. (2), after the verdict of Constitutional Court issued, there are logic consequence to relation of Authority between Judicial Commision-House of Representative and Presidentin promoting supreme judges. Legally, it caused to inconstitutionality of ratio-based relation of authority. It also cause adisapovowal of fit and proper test of House of Representative, productivity of Supreme Court and inefficiency of budget. An idea to improve should be taken by creating corporate culture, changing flow of supervision of House of Representative and emerging mutual trust between involved organs in relation to promote supreme judges. That idea intended to transform inconstitutionality of “rasio-based†relation of authority into “trust-based†relation of authority. |
| first_indexed | 2024-03-09T01:56:58Z |
| format | Article |
| id | doaj.art-6f9c50351209427586604aee6d1de37f |
| institution | Directory Open Access Journal |
| issn | 2085-9945 2579-3527 |
| language | English |
| last_indexed | 2024-03-09T01:56:58Z |
| publishDate | 2017-05-01 |
| publisher | Faculty of Law Universitas Kristen Maranatha |
| record_format | Article |
| series | Dialogia Iuridica |
| spelling | doaj.art-6f9c50351209427586604aee6d1de37f2023-12-08T13:43:00ZengFaculty of Law Universitas Kristen MaranathaDialogia Iuridica2085-99452579-35272017-05-0172547310.28932/di.v7i2.716700Relasi Kekuasaan Komisi Yudisial - Dewan Perwakilan Rakyat dan Presiden dalam Pengangkatan Hakim AgungIdul Rishan0Faculty of Law, Islamic University of IndonesiaThis research aim to answer 2 (two) problems in accordance to relation of authority of Judicial Commision-House of Representative and President in promoting supreme judges. First, this article analyze model of relation of authority between Judicial Commision-House of Representative and President in promoting supreme judges in Indonesia. Second, the article analyze implication of Constitutional Court’s Verdict Number 27/PUU-XI/2013 to relation of authority between Judicial Commision-House of Representative and President in promoting supreme judges in Indonesia. This article is using qualitative descriptive method. Type of research is normative juridical by exercising library research on study of positive law and nature of prescriptive. This article conclude that (1), basically, relation of authoritybetween Judicial Commision-House of Representative and President designed to create check and balance principle in promoting supreme judges. Existency and involvement of Judicial Commision in democratic transition was expected as an answer and ending of bitter history in previous mechanism in promoting supreme judges which loaded with intervention of rulers. That expectation was not propotional when integrated to level of statute. Friction of paradigm occurred when House Representative expropriate the role as main actor in promoting supreme judge and negate the roles of Judicial Commision to relation of Authority which based on ratio. This friction triggered by accidental amandement of constitution, which evoke strong wave of reformation and the effort in preserving back classic model. (2), after the verdict of Constitutional Court issued, there are logic consequence to relation of Authority between Judicial Commision-House of Representative and Presidentin promoting supreme judges. Legally, it caused to inconstitutionality of ratio-based relation of authority. It also cause adisapovowal of fit and proper test of House of Representative, productivity of Supreme Court and inefficiency of budget. An idea to improve should be taken by creating corporate culture, changing flow of supervision of House of Representative and emerging mutual trust between involved organs in relation to promote supreme judges. That idea intended to transform inconstitutionality of “rasio-based†relation of authority into “trust-based†relation of authority.https://journal.maranatha.edu/index.php/dialogia/article/view/716authority relationjudicial commision-house of representative and presidentpromotion of supreme judges |
| spellingShingle | Idul Rishan Relasi Kekuasaan Komisi Yudisial - Dewan Perwakilan Rakyat dan Presiden dalam Pengangkatan Hakim Agung Dialogia Iuridica authority relation judicial commision-house of representative and president promotion of supreme judges |
| title | Relasi Kekuasaan Komisi Yudisial - Dewan Perwakilan Rakyat dan Presiden dalam Pengangkatan Hakim Agung |
| title_full | Relasi Kekuasaan Komisi Yudisial - Dewan Perwakilan Rakyat dan Presiden dalam Pengangkatan Hakim Agung |
| title_fullStr | Relasi Kekuasaan Komisi Yudisial - Dewan Perwakilan Rakyat dan Presiden dalam Pengangkatan Hakim Agung |
| title_full_unstemmed | Relasi Kekuasaan Komisi Yudisial - Dewan Perwakilan Rakyat dan Presiden dalam Pengangkatan Hakim Agung |
| title_short | Relasi Kekuasaan Komisi Yudisial - Dewan Perwakilan Rakyat dan Presiden dalam Pengangkatan Hakim Agung |
| title_sort | relasi kekuasaan komisi yudisial dewan perwakilan rakyat dan presiden dalam pengangkatan hakim agung |
| topic | authority relation judicial commision-house of representative and president promotion of supreme judges |
| url | https://journal.maranatha.edu/index.php/dialogia/article/view/716 |
| work_keys_str_mv | AT idulrishan relasikekuasaankomisiyudisialdewanperwakilanrakyatdanpresidendalampengangkatanhakimagung |