eprintid: 72209
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/07/22/09
datestamp: 2025-07-29 04:50:02
lastmod: 2025-07-29 04:50:02
status_changed: 2025-07-29 04:50:02
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Ilham Azizul Akbar, NIM.: 21103070070
title: KEWENANGAN KOMISI YUDISIAL DALAM MENJAGA INDEPENDENSI KEHAKIMAN
ispublished: pub
subjects: 342
divisions: tata_negara
full_text_status: restricted
keywords: Komisi Yudisial, Hakim Konstitusi, Pengawasan
note: Fitri Atur Arum, S,H., M.H., M.SC
abstract: The case reflecting the crisis of judicial independence emerged after Anwar Usman, former Chief Justice of the Constitutional Court, was found guilty of violating ethics by the Constitutional Court's Ethics Council (MKMK). The decision issued was considered to be full of personal interests, especially in supporting the nomination of Gibran Rakabuming as vice president. In the context of supervision, the Judicial Commission according to Law Number 22 of 2004 has the authority to supervise supreme court judges, but the authority over constitutional judges was revoked through Constitutional Court Decision Number 005/PUU-IX/2011, which revoked Law Number 4 of 2014, so that supervision of the ethics of Constitutional Court judges is now internal.
In compiling this research, the author uses normative legal research and is descriptive-analytical in nature. The author uses normative legal analysis and a statutory approach. This research examines laws and regulations related to the legal issues being researched and conceptually.
The results of the study indicate that the restoration of the authority of the Judicial Commission (KY) in supervising Constitutional Court (MK) judges is a crucial step to maintain the integrity, credibility, and independence of the judiciary. In the principle of checks and balances, external judicial supervision is very important to prevent abuse of authority. Without this mechanism, ethical violations in the Constitutional Court environment are at risk of increasing and can erode public trust. Therefore, the KY needs to be given a stronger and clearer mandate to be able to enforce ethics objectively, including against constitutional judges. From the perspective of Siyasah Qodoiyah, the principles of justice and judicial independence are fundamental values emphasized in the Qur'an, including through QS. An-Nisa: 135 and QS. Ali Imran: 104. The role of judges (qāḍi) must be free from intervention, and supervised to prevent ethical deviations. However, the limited authority of the Judicial Commission (KY) in supervising Constitutional Court judges has raised concerns about the potential for abuse of power. Therefore, it is necessary to reformulate regulations to strengthen the KY's mandate in order to ensure the accountability and integrity of the judicial system. With optimal supervision, the values of substantive justice according to Islamic teachings can be implemented more consistently within the framework of a modern legal state.
date: 2025-06-26
date_type: published
pages: 110
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Ilham Azizul Akbar, NIM.: 21103070070  (2025) KEWENANGAN KOMISI YUDISIAL DALAM MENJAGA INDEPENDENSI KEHAKIMAN.  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/72209/1/21103070070_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/72209/2/21103070070_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf