ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NO.43/PUU-XIII/2015 TENTANG PROSES REKRUTMEN HAKIM TINGKAT PERTAMA TANPA MELIBATKAN KOMISI YUDISIAL

Sutanto, Ade Yiyit (2018) ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NO.43/PUU-XIII/2015 TENTANG PROSES REKRUTMEN HAKIM TINGKAT PERTAMA TANPA MELIBATKAN KOMISI YUDISIAL. Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

This research airned to figure out and analyze explanation on recruitment of district court based on verdict of constitutional court of Indonesia No.43/PUUXIII/ 2015 on judicial review No.49 of 2009 on general court (jurisdiction), act No.50 of 2009 on Religius Court, and Act No.51 of 2009 on Administrative Court. To achieve research objectives, the researcher collected both primary and secondary data in forms of legislation, expert opinions, and supporting date in this research. It used the juridicial normative research. There where three approaches used by the researcher legislation approach, conceptual rule approach, and analythcal approach. The collected date were presented in normative and descriptipe presentation by emphasizzing a systematic and logical analysis to reveal truth. The research result shows that IKAHI ( Association of Indonesia Judges) proposed a judicial review toward Article 14 A section (2) and (3), Act No.49 of 2009 on general courtin conjuction with article 13 A section (2) and (3), Act No 51 of 2009 on administrative court. The constitutional court of Indonesia accepted the annulment of those Articles on the judge recruitment process of the three different courts states that were previosly determined by the supreme court judicial Commission. The constitutional court in conjuction with Article are contradictory to the Indonesian constitution (UUD 1945). The conclusion of this study is that some provisions of the constitutional court grrant or accept the judicial review on the disputed cases. After the verdict is issued the recruitment of district judges is the responsibility of the supreme court. The researcher suggests to the people’s represetative council and the president of Indonesia as the legislators to follow the principles of law drafting. So in the future it would not cause problems, and in the case of judges recruitment by the Supreme Court it would be better to conduct the recruitment after the existence of legal regulation of judge position.

Item Type: Thesis (Bachelor)
Additional Information: Pembimbing: Dr. Indriati Amarini, S.H.,M.Hum.
Uncontrolled Keywords: Judge Recruitment, Constitutional Court,Supreme Court
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: Amri H
Date Deposited: 26 May 2018 03:28
Last Modified: 26 May 2018 03:28
URI: http://repository.ump.ac.id/id/eprint/7751

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