Refleksi Hukum: Jurnal Ilmu Hukum
Vol. 7 No. 2 (2023): Refleksi Hukum: Jurnal Ilmu Hukum

RECALL ASWANTO: TERTUTUPNYA RUANG DISAGREEMENT ANTARA PEMBENTUK UNDANG-UNDANG DAN MAHKAMAH KONSTITUSI

Titon Slamet Kurnia (Fakultas Hukum Universitas Kristen Satya Wacana)



Article Info

Publish Date
09 Aug 2023

Abstract

This article discusses the recall directed to Justice Aswanto of the Constitutional Court during his tenure by the House of Representatives (DPR). The DPR recalls Justice Aswanto due to its disagreement with his judicial performance. According to the law, the Constitutional Court Justices may only be removed from office during his/her tenure through the Ethical Council of the Constitutional Court. This article argues that the recall is inconsistent with the principle of security of tenure and, therefore, contradicts the principle of judicial independence. Unfortunately, this issue is not the main problem. The primary issue is that the legislature has no room to disagree with the Constitutional Court's interpretation in reviewing the constitutionality of legislation. This issue arises because the Constitution, UUD 1945, allocates the finality of the constitutional review mechanism in the judiciary. In solving the issue, this article refers to the Canadian model of constitutional review. The concept of the Canadian model is a judicial review with legislative finality.

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Journal Info

Abbrev

refleksihukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

REFLEKSI HUKUM is a peer-review scholarly Law Journal issued by Faculty of Law Satya Wacana Christian University which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). REFLEKSI HUKUM accepts ...