Implementasi Fungsi Pengawasan Komisi Yudisial Dalam Sistem Kekuasaan Kehakiman Indonesia

Samuel Chrisno Lubis, Armansyah Armansyah, Edy Murya

Abstract


Abstract

 

Since its inception, the Judicial Commission has drawn a lot of attention. By Act No. 22 of 2004 on the Judicial Commission as a legal umbrella, working with the authority of the Judicial Commission submit nominees to Parliament, and to uphold the honor and dignity and behavior of judges. In 2006 a judicial review filed by 31 people against the Chief Justice of the Law on the Constitutional Court to the Judicial Commission. With the decision of the Constitutional Court No. 005/PUU-IV/2006 amputate oversight authority of the Judicial Commission that a legal vacuum in the external oversight of judges. It took over three years to regain the Judicial Commission of legal protection after the enactment of Law No. 3 of 2009 on the Second Amendment Act No. 14 of 1985 on the Supreme Court, followed by the law and the judiciary package enacted peak Law Number 18 Year 2011 concerning Amendment to Law Number 4 of 2004 on the Judicial Commission. The existence of a new agency of the Judicial Commission can not be separated from his position as an authority of state institutions and the implementation of the agency.

This study is a normative legal researches that use secondary data consisting of primary legal materials, legal materials and secondary and tertiary legal materials.

Surveillance conducted by the Judicial Commission is monitoring external technical beyond judicial. Position in the structure of the Judicial Commission of judicial power are as auxiliary state agencies (state auxilary organ). Formed for five years, the Judicial Commission received thousands of reports of people who reported either in person, by mail, or via the internet on the alleged violation of the code of ethics and code of conduct of judges is made by the judge. Not all reports can be processed, only who meet the requirements to be followed by the examination and recommendation of sanctions either mild, moderate or severe. Assembly Honour Judge be one way of sanctions imposed by the judge granted him the opportunity to defend himself.

 

Keywords: Judges and Judicial Power


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