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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Alfarijah, Dina Aisyah
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Law, Crime, Criminology & Criminal Justice

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KEWENANGAN KOMISI YUDISIAL DALAM PENGUSULAN PENGANGKATAN HAKIM AGUNG DIHUBUNGKAN DENGAN PASAL 71 UNDANG-UNDANG NOMOR 17 TAHUN 2014 Alfaridah, Dini Inasyah; Alfarijah, Dina Aisyah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.796

Abstract

This study examines the ineffectiveness of the authority of the Judicial Commission in proposing the appointment of supreme court justices due to the practice of the House of Representatives of the Republic of Indonesia which is still conducting a fit and proper test, even though the Constitutional Court Decision Number 27/PUU-XI/2013 has limited the authority of the House of Representatives of the Republic of Indonesia to give approval. This has led to politicization in the process of appointing supreme court justices which has the potential to disrupt the independence of the judiciary. The purpose of this study is to analyze the mechanism of consideration of the House of Representatives in giving approval to candidates for supreme court justices, the existence of the Judicial Commission in proposing supreme court justices, and the effectiveness of the implementation of the authority of the Judicial Commission in relation to Article 71 of Law Number 17 of 2014. The research method uses a qualitative approach with a normative juridical method. Data was collected through literature studies and interviews, then analyzed descriptively analytically. The results of the study show that: (1) the consideration mechanism of the House of Representatives of the Republic of Indonesia still refers to old provisions that are contrary to the Constitutional Court's decision; (2) the existence of the Judicial Commission can be strengthened through the implementation of the Constitutional Court's decision No. 27/PUU-XI/2013; (3) the effectiveness of the implementation of the authority of the Judicial Commission is considered ineffective because Article 71 of the MD3 Law in practice still opens up room for political intervention. It is necessary to improve regulations and strengthen the authority of the Judicial Commission to realize the appointment of independent and qualified supreme court judges.
POLITIK HUKUM TERHADAP KEABSAHAN AKTA NOTARIIL RAPAT UMUM PEMEGANG SAHAM ELEKTRONIK (E-RUPS) PERUSAHAAN BERDASARKAN POJK NOMOR 16/POJK.04/2020 Alfarijah, Dina Aisyah; Alfaridah, Dini Inasyah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.812

Abstract

The development of information technology has driven a major transformation in corporate governance, including in the implementation of General Meetings of Shareholders (GMS) of public companies. The Financial Services Authority (OJK) issued OJK Regulation Number 16/POJK.04/2020 concerning the Implementation of Electronic General Meetings of Shareholders of Public Companies (E-GMS) in response to the need for efficiency and the extraordinary conditions of the COVID-19 pandemic. However, there are legal problems regarding the validity of notarial deeds resulting from E-GMS, particularly in the context of fulfilling the authenticity requirements as stipulated in the Notary Law (UUJN). This paper aims to analyze the validity of notarial deeds E-GMS based on the Indonesian positive legal system, as well as review the legal political aspects of the formation of the POJK. The research method used is normative legal research with a statute approach and a conceptual approach. The results of the study indicate that the E-RUPS deed has the potential to lose its authentic nature if it does not fulfill the requirements for the physical presence of the parties as stipulated in Article 16 paragraph (1) letter m of the UUJN, even though it is administratively recognized by the OJK. Therefore, it is necessary to strengthen legal norms that guarantee the authenticity of electronic deeds in the context of digital notaries in the future.
Co-Authors Alfaridah, Dini Inasyah