URGENSI PERLUASAN KEWENANGAN KOMISI YUDISIAL DALAM MENGAWASI HAKIM KONSTITUSI

Ahmad David, NIM.: 21103070025 (2025) URGENSI PERLUASAN KEWENANGAN KOMISI YUDISIAL DALAM MENGAWASI HAKIM KONSTITUSI. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Constitutional judges, as the holders of this power mandate, are required to uphold integrity, impartiality, and professionalism. Nevertheless, several cases of ethical violations by constitutional judges, such as those involving Akil Mochtar, Patrialis Akbar, and Anwar Usman, underscore the importance of strong oversight over the behavior of constitutional judges. The analysis is conducted using the living constitution theory which views that the constitution must be interpreted dynamically in accordance with social changes, as well as the state institutional theory that emphasizes the importance of checks and balances and accountability of state institutions. This research also conducts a literature review of various related literature and court decisions, as well as examines cases of ethical violations by constitutional judges in Indonesia. The research findings indicate that there is a significant urgency to restore the role of the Judicial Commission as an external supervisor of constitutional court judges. This is based on five main reasons: (1) the weak effectiveness of internal supervision, which tends to be closed and non-objective; (2) the necessity for an equitable principle of checks and balances among branches of power; (3) the importance of strengthening the accountability of the judicial institution to maintain public trust; (4) the alignment with the spirit of the living constitution that demands institutional adaptation to contemporary challenges; and (5) the legal imbalance occurring due to a narrow interpretation of Article 24B of the 1945 Constitution. This research recommends a revision of the legislation, and if necessary, a constitutional amendment, so that the Judicial Commission can once again play a role in upholding the ethics and dignity of constitutional judges. Thus, the expansion of the authority of the Judicial Commission is not only a legal necessity but also a moral and political requirement of governance to realize a clean, fair, and trustworthy judicial system. The absence of external oversight over the judges of the Constitutional Court has the potential to create a super body that is immune to criticism and prone to deviations.

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