Perlunya Amandemen Terhadap Pasal 24 B Ayat (1) UUD 1945 Dalam Rangka Pengawasan Terhadap Hakim Konstitusi

Suparto, Suparto (2020) Perlunya Amandemen Terhadap Pasal 24 B Ayat (1) UUD 1945 Dalam Rangka Pengawasan Terhadap Hakim Konstitusi. Borneo Law Review, 4 (1). pp. 31-44. ISSN 2580-6750

Text 29. Perlunya Amandemen Terhadap Pasal 24 B Ayat (1).pdf - Published Version Download (571kB)

Abstract

The role of constitutional justices to uphold justice is very strategic, therefore judges who have good attitudes and behavior are needed. Thus, constitutional judges also need to supervise their behavior in order to maintain the dignity of judicial institutions. The problem is what efforts can be made so that external supervision of the code of ethics and behavior of constitutional justices is carried out by the Judicial Commission. External supervision of constitutional judges at this time has not yet been regulated, so that in the future it needs to be done because professionally constitutional justices are the same as other judges. The Judicial Commission as a state institution as a result of reforms and given the authority of the 1945 Constitution to maintain and uphold the honor, nobility and behavior of judges should be given the authority to conduct external supervision of the behavior of constitutional justices. However, the supervision of constitutional justices should not intervene in the independence of the judiciary so that an appropriate formulation is needed to synergize between supervision and judicial independence. Since Article 24B paragraph (1) related to the word "judge" was interpreted by the Constitutional Court not including constitutional justices (Decision of the Constitutional Court No. 005 / PUU-IV / 2006 and No.1-2 / PUU-XII / 2014, then in the future so that Constitutional judges can be supervised by the Judicial Commission, amendments to Article 24B paragraph (1)of the 1945 Constitution are needed in connection with the word "judge".

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