Kedudukan dan Kewenangan Komisi Yudisial Republik Indonesia dan Perbandingannya Dengan Komisi Yudisial Swedia

Suparto, Suparto and Syukur, Syaifudin and Muslikhah, Umi (2019) Kedudukan dan Kewenangan Komisi Yudisial Republik Indonesia dan Perbandingannya Dengan Komisi Yudisial Swedia. Asian Journal of Environment, History and Heritage, 3 (1). pp. 105-116. ISSN 2590-4213

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Abstract

One of the results of the ammandment of the 1945 Constitution was the birth of the Judiciary Committee. Article 24B (1) of the 1945 Constitution stipulates that the Judiciary Committee is an independent entity that has the authority to propose the appointment of the supreme court judges as well as guarding and upholding the honor, nobility, and behavior of the judges. To give more details on the implementation of the Article 24B of the 1945 Constitution, Law No. 22 of 2004, which later will bechanged with the Law No. 18 of 2011 on the Judiciary Committee, was issued. The standing of the Judiciary Commitee is important, thus structurally it wascreated on the same level with the Supreme Court and the Constitutional Court.Even so, the nature of the Judiciary Committee is an auxiliary to the judiciary bodies.Even if the function of the Judiciary Committee is related with Judiciary power, yet it is not the actor of the Judiciary power, but an institution to uphold the code of ethics. Aside from that, the Judiciary Committee is not involved in the organization, human resources, administration, and financial matters of the judges. This is different with the similar committees in the Europe, i.e. Sweden. The Sweden Council for Judiciary has the authority in the technical field as well as the policy making in the judiciary bodies. The judciary committees of the Sweden and Europe in general has the authority in the management of the organization, budgeting, and administration of the courts, including on promotion, rotation, recruitment, and the giving of a sanction to the judges. The Supreme Court itself focuses on the trial conduct, and does not handles the administration and the organization of the court

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