%A NIM.: 19103070030 Muhamad Farhan Mubarok
%O Pembimbing: Nilman Ghofur,M.Sos.
%T ANALISIS PEMBERHENTIAN HAKIM KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT (STUDI UNDANG-UNDANG NOMOR 7 TAHUN 2020 TENTANG PERUBAHAN KETIGA ATAS UNDANG-UNDANG NOMOR 24 TAHUN 2003 TENTANG MAHKAMAH KONSTITUSI PERSPEKTIFMASLAHAH
%X The government system of Indonesia consists of three main branches: the
Legislative, the Executive, and the Judiciary. Each branch has its own functions and
authorities to ensure that power is not abused. The principle of the rule of law also
requires the existence of an independent and impartial judiciary, including judicial
independence free from interference by other branches. The process of s electing
Constitutional Court (MK) judges by the three branches DPR (Legislative),
President (Executive), and Supreme Court (Judiciary) ensures integrity,
independence, and good governance. Normatively, neither the DPR, the President, nor
the Supreme Court has the authority to unilaterally dismiss a Constitutional Court
judge. However, on September 29, 2022, the DPR dismissed Judge Aswanto from the
Constitutional Court based on considerations that cannot be justified constitutionally.
This could undermine t he independence of the judiciary.
This research aims to analyze the system of dismissal of Constitutional
Court judges by studying Law No. 7 of 2020 concerning the third amendment to Law
No. 24 of 2003 on the Constitutional Court from the perspective of Maslahah. The
method used is normative legal research, which refers to library resources (Library
Research) and a statute approach. This research uses a juridical normative approach
with a statute approach. Additionally, in terms of the legal aspect, this type of
research is doctrinal legal research, providing a systematic explanation of the rules
governing a particular legal category, analyzing the relationship between regulations,
explaining areas of difficulty, and possibly predicting future developments using the
theory of legal politics.
In the study of legal politics, the dismissal of Aswanto by the DPR does
not comply with the applicable procedures. The DPR did not annul the mandate of
Article 23. In material terms, Aswanto's dismissal does not fall under honorable or
dishonorable dismissal. Moreover, Aswanto's dismissal occurred while he was still in
office, whereas dismissal during office can only be carried out if the judge resigns at
their own request submitted to the Chief Justice of the Constit utional Court, exceeds
the age of 70, or is physically and mentally ill to the extent that they cannot perform
their duties. The research results indicate that Aswanto's dismissal is inconsistent with
Article 23 paragraph (4) of the Constitutional Court La w, and the government must
ensure that all Constitutional Court decisions are based on law and the constitution,
not on political interests or power, as the "guardian of the constitution."
%K Hakim Konstitusi, Maslahah, Peraturan Perundang-Undangan
%D 2024
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib68240