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All Journal Unes Law Review JURNAL ILMIAH GLOBAL EDUCATION Jurnal Ilmiah Global Education
Riska Ari Amalia
Fakultas Hukum Universitas Mataram, Indonesia
Computer Science & IT Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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KONSTITUSIONALITAS PEMBERHENTIAN HAKIM MAHKAMAH KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT Ashari Ashari; Riska Ari Amalia
Jurnal Ilmiah Global Education Vol. 4 No. 1 (2023): JURNAL ILMIAH GLOBAL EDUCATION, Volume 4 Nomor 1, Maret 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v4i1.539

Abstract

The purpose of this research is to find out the constitutionality of dismissal of judges of the Constitutional Court by the House of Representatives People. This research is a type of normative legal research that uses approach methods with legislation. The research results explain that The move of the House of Representatives towards the Constitutional Court is getting worse shows an attitude of authoritarianism and lawlessness, because the DPR violates the provisions of Article 24 paragraph (1) of the 1945 Constitution (1945 Constitution) which guarantee the existence of the independence of the judiciary power institution, the existence of regulations clear and firm regarding the possibility of dismissing a constitutional judge before the expiration of the term of office is intended to maintain independence and at the same time maintain the independence of judges, for this reason the dismissal of constitutional judges who do not referring to the rules of the Constitutional Court Law can be stated unconstitutional. Actions taken outside the provisions of the norms of Article 23 of the Constitutional Court Law is not in line with the 1945 Constitution because it has the potential to damage and disrupt judicial power as the main stronghold of the rule of law. 
POLEMIK DALAM KEPUTUSAN PRESIDEN NOMOR 114/P/2022 Riska Ari Amalia; Ashari Ashari
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.572

Abstract

Controversy ensued when the public judged that the President had turned a blind eye to the unconstitutional removal of Aswanto by issuing a policy on dismissing Aswanto and at the same time appointing Guntur judges, namely Presidential Decree Number 114/P/2022 concerning Dismissal and Appointment of Constitutional Court Judges. Based on this, problems were found, regarding the validity of a state administrative decision and how the validity of Presidential Decree Number 114/P/2022 concerning Dismissal and Appointment of Constitutional Court Judges. The research method used is normative juridical method, using statutory approach, case approach, and conceptual approach. The results of the study show that the KTUN has validity if it fulfills the material and formal requirements, as well as the conditions specified in Article 52 of Law Number 30 of 2014. Then Presidential Decree Number 114/P/2022 concerning Dismissal and Appointment of Constitutional Court Judges is invalid because it does not comply with the provisions in Article 52 paragraph (2) of Law Number 30 of 2014.
KONSTITUSIONALITAS PEMBERHENTIAN HAKIM MAHKAMAH KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT Ashari Ashari; Riska Ari Amalia
Jurnal Ilmiah Global Education Vol. 4 No. 1 (2023): JURNAL ILMIAH GLOBAL EDUCATION, Volume 4 Nomor 1, Maret 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v4i1.539

Abstract

The purpose of this research is to find out the constitutionality of dismissal of judges of the Constitutional Court by the House of Representatives People. This research is a type of normative legal research that uses approach methods with legislation. The research results explain that The move of the House of Representatives towards the Constitutional Court is getting worse shows an attitude of authoritarianism and lawlessness, because the DPR violates the provisions of Article 24 paragraph (1) of the 1945 Constitution (1945 Constitution) which guarantee the existence of the independence of the judiciary power institution, the existence of regulations clear and firm regarding the possibility of dismissing a constitutional judge before the expiration of the term of office is intended to maintain independence and at the same time maintain the independence of judges, for this reason the dismissal of constitutional judges who do not referring to the rules of the Constitutional Court Law can be stated unconstitutional. Actions taken outside the provisions of the norms of Article 23 of the Constitutional Court Law is not in line with the 1945 Constitution because it has the potential to damage and disrupt judicial power as the main stronghold of the rule of law. 
Co-Authors Ashari Ashari Ashari Ashari