PELANGGARAN KONSTITUSI DALAM PENGUSULAN PEMBERHENTIAN HAKIM KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT

Roy Sandi, NIM.: 19103070011 (2023) PELANGGARAN KONSTITUSI DALAM PENGUSULAN PEMBERHENTIAN HAKIM KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The plenary meeting of the House of Representatives at the end of September 2022, which determined that there was a proposal to forcibly dismiss constitutional judge, Aswanto with Guntur Hamzah. Constitutionally this is not justified, because there is no article in the 1945 Constitution that provides for this. This decision shows that there has been damage to the independence of the judiciary due to legislative interference. In this study, we will analyze the original intent of Article 24C paragraph (3) so as to bring conclusions in the constitutionality of proposing the dismissal of constitutional judges. In this study, the research method used is a legal approach by examining laws and regulations related to the problem (legal issue) being discussed, namely regarding the 1945 Constitution to the Law on the Constitutional Court, a conceptual approach by examining from several literature sources by looking for relevant concepts from the problem under study, and a case approach by correlating with pre-existing cases. In this study, the research method used is a legal approach by examining laws and regulations related to the problem (legal issue) being discussed, namely the 1945 Constitution to the Law on the Constitutional Court, a conceptual approach by examining from several literature sources by looking for relevant concepts from the problem under study, and the case approach in normative legal research that tries to build arguments law in the perspective of concrete cases that occur. As for the results of this research regarding the formulation of existing problems, it can be seen that there is unconstitutionality in proposing the dismissal of constitutional judges by the DPR because there are political interests so that the replacement of constitutional judges is still carried out until the issuance of Presidential Decree Number 114/P of 2022.

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