NILAI KEMASLAHATAN KEWENANGAN KOMISI YUDISIAL DI INDONESIA

Abdul Khalik., S. Sos., NIM.: 18203010014 (2020) NILAI KEMASLAHATAN KEWENANGAN KOMISI YUDISIAL DI INDONESIA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Judicial commissions in various countries have long been developed within the judiciary as state institutions formed to ensure the independence of the judiciary. In various countries, the establishment of the Judicial Commission is part of the legal reform agenda with the aim of strengthening the independence and accountability of the judiciary and even the existence of the Judicial Commission in various countries is very urgent especially as the country is undergoing a democratic or democratic transition. In Indonesia the Judicial Commission is arguably quite slow in its presence when compared to other countries. The main issues discussed in this study are as follows: First "What is the Urgency of the Judicial Commission's Authority in the Legislative Perspective?" Second, "Why is there an authority rivalry between the Judicial Commission and the Supreme Court?" This type of research used in the preparation of this thesis is library research. The nature of the research used in this research is analytical descriptive. The approach used in this research is a normative juridical approach with the theory of Maṣhlaḥaẖ, Authority and Supervision. The data sources in this study are divided into two, namely primary and secondary. The results of this thesis research indicate that the formation of the Judicial Commission actually brings the general benefit of a Dharuriy nature, a basic necessity in the life of the nation and the state, brings benefits to the majority of mankind, given that Collusion, Curruption and Nepotism (KKN) are rampant in Indonesia. Especially for the Judiciary as God's representative, in this case the judge who upholds justice needs to be guarded and supervised by an independent institution, namely KY so that there is no KKN in the judiciary because Islam requires prohibiting theft, prohibiting fraud, and treason. The presence of KY is actually intended so that the Supreme Court justices and judges in carrying out their authority and duties are truly based on the prevailing laws and regulations, the truth and sense of justice in the community will be realized, so that the code of ethics and the profession of judges will be upheld. If supreme judges and judges carry out their duties and powers properly and correctly, of course the judges concerned have upheld the constitution, honor, dignity and behavior of judges.

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