@phdthesis{digilib70034,
           month = {January},
           title = {REKONSTRUKSI MEKANISME PEMBERHENTIAN HAKIM KONSTITUSI SEBAGAI UPAYA MENJAGA INDEPENDENSI MAHKAMAH KONSTITUSI},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 21103070016 Ikram Ibrahim},
            year = {2025},
            note = {Proborini Hastuti, M.H.},
        keywords = {Mahkamah Konstitusi, Pemberhentian Hakim, Siyasah Dusturiyah},
             url = {https://digilib.uin-suka.ac.id/id/eprint/70034/},
        abstract = {The Constitutional Court (MK) as a constitutional guardian institution in Indonesia plays an important role in maintaining and upholding democratic principles and the constitutional rights of citizens. However, one of the challenges faced by the Constitutional Court is related to the dismissal of constitutional judges. The case of the dismissal of Constitutional Judge Aswanto, which involved the dynamics of politicization in the dismissal process, illustrates the need for reform in the regulation of the term of office and dismissal procedures for constitutional judges in Indonesia. Therefore, this research focuses on two main issues, namely how the dynamics of tenure arrangements and dismissal of constitutional judges in Indonesia, as well as how to design the ideal dismissal of constitutional judges to maintain the independence of the Constitutional Court.
This research uses a normative legal research method with a descriptive-analytical approach. The approaches used include a statutory approach to analyze existing regulations, a conceptual approach to examine theories on the independence of the judiciary, and a comparative approach to compare the system of dismissal of constitutional judges in several countries. The theoretical framework used includes the concept of checks and balances to examine the relationship between state institutions in the government system, the concept of independence as the basis for the independence of the judiciary, and the theory of fiqh siyasah which emphasizes the importance of the rule of law in managing state affairs in a fair and transparent manner.
The results show that the regulation of dismissal of constitutional judges in Indonesia still faces serious challenges in maintaining the independence of the Constitutional Court. A dismissal process that is overly influenced by political interests has the potential to undermine the credibility and independence of the Constitutional Court. Therefore, the ideal design for the dismissal of constitutional judges should prioritize the principles of objectivity, transparency, and accountability, by reducing political interference in the procedure. This research proposes making the criteria for dismissal clearer, as well as strengthening the role of an independent external oversight body to ensure that the dismissal of constitutional judges is conducted fairly and in accordance with applicable legal provisions.}
}