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Analisis Yuridis Terhadap Putusan Majelis Kehormatan Mahkamah Konstitusi Nomor 2/mkmk/l/11/2023 Tentang Pelanggaran Kode Etik Hakim Mahkamah Konstitusi

Bromi, Rusdi (2025) Analisis Yuridis Terhadap Putusan Majelis Kehormatan Mahkamah Konstitusi Nomor 2/mkmk/l/11/2023 Tentang Pelanggaran Kode Etik Hakim Mahkamah Konstitusi. Masters thesis, Universitas Islam Riau.

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Abstract

The Constitutional Court (MK) as a guardian of the constitution. The Constitutional Court has four main authorities, including reviewing laws against the 1945 Constitution. However, the role of the Constitutional Court faces serious challenges, as happened in the case of the Chief Justice of the Constitutional Court, Anwar Usman, who was found to have committed a serious violation of the code of ethics related to the Constitutional Court's Decision Number 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates. This violation raises controversy regarding the independence of judges and the validity of the Constitutional Court's decision Number 90/PUU-XXI/2023. The main issues in this research are: How is the analysis of the considerations of the Constitutional Court's Honorary Council in deciding case Number 2/MKMK/L/11/2023 concerning violations of the code of ethics of constitutional court judges and What are the implications of the Constitutional Court's Honorary Council Decision Number 2/MKMK/L/11/2023 on the Constitutional Court Decision Number: 90/PUU-XXI/2023 This research method is a type and nature of doctrinal or normative legal research. Normative legal research is research based on legal materials (library based) which focuses on reading and studying primary and secondary legal materials. The considerations of the Constitutional Court's Honorary Council (MKMK) in Decision Number 2/MKMK/L/11/2023 show that the MKMK recognizes the finality but ignores the decision-making process of the Constitutional Court which has been proven to violate the serious code of ethics committed by the Chief Justice of the Constitutional Court, Anwar Usman, namely not resigning from cases that have conflicts of interest, persuading other judges, and leaking information from the Judge Deliberation Meeting (RPH). This violation injures the principles of impartiality, integrity, and independence of the Constitutional Court, so a balance is needed between maintaining the finality of decisions and upholding accountability to maintain the integrity of justice. The implications of the Constitutional Court Decision Number: 90/PUU-XXI/2023 reveal ethical violations committed by the Reported Judge, which damage the principles of Impartiality, independence, and integrity of the Constitutional Court (MK). This violation not only injures public trust, but also creates a bad precedent in internal oversight and accountability of judges, and affects the legitimacy of the Constitutional Court Decision Number 90/PUU-XXI/2023. The resulting implications emphasize the need for in-depth reform in the constitutional justice system through strengthening oversight mechanisms, enforcing discipline, and increasing the professionalism of judges, to ensure substantial justice, and maintain the credibility of the Constitutional Court as the guardian of the constitution and the rule of law.

Item Type: Thesis (Masters)
Contributors:
Contribution
Contributors
NIDN/NIDK
Thesis advisor
Ellydar Chaidir, Ellydar Chaidir
14125502
Thesis advisor
Suparto, Suparto
1008086901
Uncontrolled Keywords: MKMK, Code of Ethics Violation, Constitutional Court Judge
Subjects: K Law > K Law (General)
K Law > K Law (General)
Divisions: > Ilmu Hukum S.2
Depositing User: Putri Aulia Ferti
Date Deposited: 19 Nov 2025 07:53
Last Modified: 19 Nov 2025 07:53
URI: https://repository.uir.ac.id/id/eprint/31353

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