SISTEM PENGAWASAN HAKIM KONSTITUSI DALAM PERSPEKTIF INDEPENDENSI PERADILAN DAN AKUNTABILITAS PERADILAN

muhammad reza winata, faisal akbar Nasution, yusrin nazief

Abstract


SURVEILLANCE SYSTEM OF CONSTITUTIONAL JUDGE IN JUDICIAL INDEPENDENCE AND JUDICIAL ACCOUNTABILITY PERSPECTIVE

ABSTRACT

Dr. Faisal Akbar Nasution, S.H., M.Hum[1]
Yusrin Nazief, S.H. M.Hum.[2]
Muhammad Reza Winata[3]

 

For the sake of upholding the rule of law in this country so judicial independence of the judicial power from various intervention is a necessity, but the the dynamics surveillance regulation and Constitutional Court chairman capture events that may indicate Constitutional Judge surveillance system not functioning properly at this institution. For that appears issues like Constitutional Judge surveillance system regulation also perspective of judicial independence and judicial accountability reviewing that regulation. The method used in this thesis is a normative research. This method is done by analyzing the legislation and the judge's decision regarding the Constitutional Judge surveillance system using the doctrines of judicial independence and judicial accountability.

The results of this study, shown the existence of a surveillance system is composed of subsystems that are correlated consisting of surveillance subject is Judge at the Constitutional Court, surveillance object is Constitutional Judge Code of Ethics and Conduct, subject is currently overseeing are Ethics Board of the Constitutional Court and Honorary Council Constitutional Court also the surveillance process prevention and repression. Meanwhile, from the perspective of independence has been able to create with Ethics and Behavior Constitutional Judge and the perspective of accountability has been achieved by the process of surveillance by the Board of Ethics and Honor Council.

It can be concluded to perform its function of judicial independence is an absolute must-have, but in order to ensure judicial independence is not abused there must be accountability mechanism for every act of a judge through the surveillance. Future recommendations, surveillance will be stronger with external surveillance to create a double check. Furthermore, guidance to judges should also be implemented consistently so the legal normative values ​​internalized into legal culture.

 

 

Keywords :     Surveillance System Of Constitutional Judge, Judicial Independence, and Judicial Accountability


[1] Thesis Supervisor Author I, Lecturer at the Faculty of Law USU

[2] Thesis Supervisor Author II, Lecturer at the Faculty of Law USU

[3] Student at the Faculty of Law USU, Department of Constitutional Law


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