INKONSTITUSIONALITAS PEMBERHENTIAN DAN PENGANGKATAN HAKIM KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT

Aswin Prayogi Wijaya, NIM.: 17103070095 (2023) INKONSTITUSIONALITAS PEMBERHENTIAN DAN PENGANGKATAN HAKIM KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The background of this research is Presidential Decree Number 114/P of 2022 concerning Dismissal and Appointment of Constitutional Court Judges by the House of Representatives. This dismissal process occurred with Judge Aswanto who constitutionally still legally served as a Constitutional Justice and was replaced by Judge Guntur Hamzah whose appointment process was also marked by many irregularities. This Presidential Decree indicates that there has been a misuse of legislative power and the president as the executive has been indifferent. Constitutionally, this is not justified. Because there is no legislation at all that regulates this. This research will analyze the concept of dismissal and appointment of Constitutional Justices in Presidential Decree No. 114/P of 2022 proposed by the House of Representatives. In this research, the research method that will be used is library research, which is a type of qualitative research that utilizes library resources to obtain research data. The nature of the research used is descriptive-analysis, namely research conducted by collecting data, describing and analyzing issues related to the formulation of the problem which will be examined in depth and thoroughly. While the type of approach used is a juridical-normative approach, namely an approach based on the main legal materials by examining the theories, concepts and legal principles related to the research being carried out. The results of the research that has been carried out based on the formulation of the problem this time is that Presidential Decree Number 114/P of 2022 Concerning the Dismissal and Appointment of Constitutional Court Judges is procedurally flawed. Because in the process of dismissing Judge Aswanto he had violated the provisions of the 1945 Constitution of the Republic of Indonesia (UUD NRI) and was contrary to the Constitutional Court Act, as well as the appointment of Judge Guntur Hamza which was also contrary to the provisions mandated and regulated in the Law Constitutional Court.

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