Fuadi, Ahmad (2024) Pemberhentian Hakim Mahkamah Konstitusi Sebagai Upaya Menjaga Independensi Mahkamah Konstitusi. Other thesis, Universitas Islam Riau.

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Abstract

The independence of judicial power is guaranteed by Article 24 of the 1945 Constitution and judges cannot be separated from case solvers. The profession of judge is an honorable profession because the presence of justice cannot be separated from the judge in its implementation. In this research, the author was able to formulate the main problems including: First, what are the dynamics of the regulation of terms of office and dismissal of Constitutional Court judges. Second, what is the ideal design for dismissing Constitutional Court judges as an effort to maintain the independence of the Constitutional Court.This research uses Normative Legal research (library research), which is carried out by utilizing library sources for research. The nature of this research used is descriptive analysis research. The results of this research explain that the regulation of the term of office and dismissal of constitutional judges is a retirement age of 70 years as long as their term of office does not exceed 15 years. And the process for dismissing constitutional judges is regulated explicitly in Article 2 of the Constitutional Court Regulation Number 4 of 2012 concerning Procedures for Dismissing Constitutional Judges. The dismissal of Constitutional Court judges as an effort to maintain the independence of the Constitutional Court aims to strengthen the independence of the Constitutional Court as the guardian of the constitutions. Independence arrangements are not only related to the independence of a power institution. However, in this case, judges as actors and law enforcers must always adhere to the values of independence to support the independence of judicial power institutions. This is stated in Article 3 Paragraph (1) of Law Number 48 of 2009 concerning Judicial Power that in carrying out their duties and functions, constitutional judges are obliged to maintain the independence of the judiciary.

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