Braggi, Rimba Dubby (2023) Tinjauan Yuridis Putusan Mahkamah Konstitusi No. 43/PUU/XIII/2015 terhadap Pengujian Undang-Undang No. 49 Tahun 2009 tentang Peradilan Umum, Undang-undang No. 50 Tahun 2009 tentang Peradilan Agama, dan Undang-Undang No. 51 Tahun 2009 Tentang Peradilan Tata Usaha Negara. Other thesis, Universitas Islam Riau.

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Abstract

Article 24B of the Constitution of the Republic of Indonesia states that the Judicial Commission is independent in nature which has the authority to propose the appointment of Supreme Court justices and has other powers in order to safeguard and uphold the honor, dignity and behavior of judges. The establishment of the Judicial Commission aims to reform the judiciary which is clean from practices contrary to the values of justice (judicial corruption) and recruits fair judges. Decision of the Constitutional Court Number 43/PUU-XII/2015 resulted in the loss of the Judicial Commission's authority to be involved in the recruitment and selection process of judges in courts of first instance. Based on the explanation above, this research is to find out the considerations of constitutional judges in deciding case Number 43/PUU-XII/2015 Against the Review of Law No. 49 of 2009 concerning General Courts, Law no. 50 of 2009 concerning the Religious Courts, and Law No. 51 of 2009 concerning the State Administrative Court and the implications of the Constitutional Court's decision Number 43/PUU-XII/2015 Against the Review of Law No. 49 of 2009 concerning General Courts, Law no. 50 of 2009 concerning the Religious Courts, and Law No. 51 of 2009 concerning the State Administrative Court of the Judge Recruitment Process. The method used in this study is descriptive-analytic, namely a clear description of the implementation of the Constitutional Court Decision Number 43/PUU-XIII/2015. In terms of its type, this research is normative research, namely research conducted based on secondary data. Constitutional Court Decision Number 43/PUU-XIII/2015 states that the involvement of the Judicial Commission in the selection and recruitment process of first-level judges will disrupt the independence of judges, undermine the balance of the check and balance mechanism and create legal uncertainty, so that it is declared unconstitutional. In fact, the involvement of the Judicial Commission in the process of selecting and recruiting judges is a form of accountability of the Supreme Court to the public and does not enter into the realm of judge independence. The presence of the Judicial Commission is to protect the honor and dignity of judges and prevent the Supreme Court from becoming a superbody with the authority to recruit judges without the supervision of other parties.

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