The Importance of Good Constitution for Resulting Good Governance and Clean Goverment

Darusman, Yoyon Mulyana; Wiyono, Bambang; Widodo, Guntarto

doi:10.20884/1.jdh.2019.19.3.2673

Cited by 1 publication

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“…It turns out that the unification under one roof has the intends to create a monopoly on the power of the judiciary by the Supreme Court. In other things, it is feared that the Supreme Court shall not be able to do the administrative, personnel, financial, and judicial organizational powers that have been carried out by the justice department (Darusman et al, 2020). A quite pessimistic view states that the Supreme Court cannot properly carry out the functions carried out under one roof because it alone cannot care for itself.…”

Section: The Importance Of Strengthening the Authority Of The Judicia...mentioning

confidence: 99%

Strengthening Judicial Commission Authority in Indonesia Judicial Power Institutions, Link to Trias Politica Theory

Darusman,

Soriano,

Nunna

2024

J.D.Hk.

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The People’s Consultative Assembly amended the 1945 Constitution to improve various aspects related to Indonesia's downturn. One crucial demand is improvement in law enforcement so that it is more independent from the interference of other powers outside the judiciary. The practice of judicial power in the New Order era was carried out under two institutional roofs. Powers relating to judicial processes and law enforcement in the courts were under the roof of the Supreme Court, while powers relating to the budget in the judicial process were under the roof of the Ministry of Justice. The 3rd amendment to the 1945 Constitution has placed the Supreme Court and the Constitutional Court as holders of judicial powers and the Judicial Commission as stipulated in Article 24 of the 1945 Constitution. It has placed the Judicial Commission as an institution with the authority to supervise judges, as Article 24 B of the 1945 Constitution stipulated. The research method uses a normative approach with a qualitative research model. The model of qualitative research is an approach to implementing research purposed toward natural phenomena or symptoms. Results of this research show there has been an imbalance in position between the Supreme Court, the Constitutional Court, and the Judicial Commission, which, in the end, the supervisory function of judges, which is the task of the Judicial Commission, becomes less than optimal and needs to be strengthened.

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Section: The Importance Of Strengthening the Authority Of The Judicia...mentioning

confidence: 99%

Strengthening Judicial Commission Authority in Indonesia Judicial Power Institutions, Link to Trias Politica Theory

Darusman,

Soriano,

Nunna

2024

J.D.Hk.

View full text Add to dashboard Cite

show abstract

The Importance of Good Constitution for Resulting Good Governance and Clean Goverment

Cited by 1 publication

References 11 publications

Strengthening Judicial Commission Authority in Indonesia Judicial Power Institutions, Link to Trias Politica Theory

Strengthening Judicial Commission Authority in Indonesia Judicial Power Institutions, Link to Trias Politica Theory

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