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.
This paper aims to examine the new authority of the notary supervisory board in reporting an ethic and performance violations which committed by notary and its relation to the principles of certainty and justice. According to the Regulation issued by Minister of Law and Human Rights of the Republic of Indonesia number 15 of 2020 concerning The Procedures for Examination of the Notary Supervisory Board (MPN), the authority of MPN has being enlarged. This regulation give a bigger authority for MPN to report and make a report as the result of the implementation of notary’s occupation, so that the MPN can examine and make decisions according to their own report. Otherwise, the Notary Act (UUJN) only gives MPN an authority to examine and make decisions based on reports of people who have been violated by Notary. This can be seen in Article 73 paragraph (1) of the UUJN which states that "The Regional Supervisory Council is authorized to hold sessions to examine and make decisions on public reports that can be submitted through the Regional Supervisory Council". Through a normative legal research, this paper consist on two central issues. First, the legal reasoning of new authority of MPN and its consistence with Notary Act. Second, the discourse of this new authority obtained by MPN with the principle of certainty and substantive justice.
This study critically examines the existence of indigenous peoples within the framework of promoting cultural rights in Indonesia. The main reason for this study is that the Indonesian Law on Advancement of Culture enacted in 2017 did not explicitly include indigenous peoples as a crucial aspect of preserving cultural activities. Consequently, there has been no significant policy reform from the Indonesian government to maintain the rights and existence of indigenous peoples, primarily their cultural rights. From a human rights perspective, culture shapes indigenous peoples' collective identity and political force, hence Indonesia is responsible for protecting and fulfilling their collective rights. Based on the discourse analysis, this study examines two questions: First, to what extent does the recognition of indigenous peoples in the Law on the Promotion of Culture ensure the promotion of the cultural rights of indigenous people? Secondly, what government policies are directed to fulfill indigenous peoples' rights? The finding of this study is that the partial recognition of cultural rights for indigenous peoples affected the undisputable conflicts surrounding sacred rites, which affected the promotion of the collective identity of indigenous people. Keywords: Cultural rights, Identity, Indigenous politics, Land, Marginalization
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