Jurnal Kajian Konstitusi
Vol 1 No 1 (2021): JURNAL KAJIAN KONSTITUSI

Penguatan Kewenangan Komisi Yudisial di Indonesia: Perspektif Konstitusional dan Kontekstual

Fenny Tria Yunita (Universitas Jember)
Abdul Basith Umami (Universitas Jember)
Ahmad Alveyn Sulthony Ananda (Universitas Jember)
Reni Putri Anggraeni (Universitas Jember)



Article Info

Publish Date
15 Jun 2021

Abstract

This paper aim to examine issues regarding Komisi Yudisial (KY) as an independent commission with limited authorities over judicial branch. As the Constitutional Court decision, this Commission’s authority in selecting first-level court judges was eliminated. The consequences is that in 2019, from 130 sanctions recommended by KY, only 10 sanctions were enforced by the Supreme Court. This research discuss two issues. First, granting the authority to select the first judge’s appointment to KY. Second, giving the authority to impose sanctions on judges who violate the code of ethics to KY. This study uses a juridical-normative method with a conceptual-comparative approach to analyze the legal materials. The study found that the law has placed KY as an ethical institution as well as a supervisor of judicial power, but practically, many KY authorities cannot be implemented optimally because of the lack of regulation and technical understanding with the Supreme Court as the pinnacle of justice in Indonesia. It is very important to restore KY authority in appointing first-level judges and increase KY authority in imposing ethical sanctions on judges who violate ethics. KEYWORDS: Komisi Yudisial, Judges Appointment, Ethical Sanction.

Copyrights © 2021






Journal Info

Abbrev

JKK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Kajian Konstitusi is a peer-reviewed journal published by the Department of Constitutional Law, the Faculty of Law, the University of Jember, Indonesia. The publication in this journal focuses on the legal and constitutional studies under doctrinal, empirical, socio-legal, and comparative ...