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JUDICIAL PROBLEMATIC OF SURVEILLANCE JUDGE IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA Muhammad Fauzan
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.615

Abstract

The presence of the Judicial Commission in the constitutional system of the Republic of Indonesia is mandated by the constitution of 1945, which in the execution of their duties and functions has provoked a variety of opinions, especially related to the supervision of judges who are considered to threaten the independence of the judicial power. Based on the results of discussion it is concluded that the juridical problematic which happens to the supervision of judges in the constitutional system of the Republic of Indonesia covering the  First, unclear formulation of Article 24B of the  Constitution 1945, especially related with the other authority of the Judicial Commission in order to preserve and enforce the honor, dignity, and the behavior of judges. The Second, it is related with the disharmony and inconsistency legislation regulations that controlling the supervision of judges, The Third, it is related to the institutional organization of the Judicial Commission and the Fourth, it is related to the vagueness of the definition of supervision. Keywords: problematic, Surveillance Judge, Indonesia
Who Should Be Involved: Unravelling the Concept of ‘Interest in Content Material’ in the Establishment of Laws in Indonesia Fathimah Azzahro; Riris Ardhanariswari; Muhammad Fauzan; Enny Dwi Cahyani; Tenang Haryanto
Jurnal Hukum dan Pembangunan Ekonomi Vol 14, No 1 (2026): Jurnal Hukum dan Pembangunan Ekonomi
Publisher : Program Pascasarjana Fakultas Hukum Universitas Sebelas Maret Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/hpe.v14i1.115410

Abstract

Article 96 of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 on the Establishment of Legislation (hereinafter referred to as the Law 13/2022).  requires the involvement of interested parties concerning the content matter without clear criteria, resulting in inconsistent selection and weighting of inputs. This study develops a framework of 'interest in content material' as a measure of participation quality as a novelty because no similar research has been concusted before. Given this urgency, this research aims to analyze the institutionalization of public participation and the regulation of stakeholder involvement in law-making in Indonesia, as well as to construct an ideal regulation of the phrase 'interest in content matter' regarding stakeholder involvement in the formulation of laws in Indonesia. This is a normative legal study that employs a conceptual approach, a statutory approach, and a comparative approach. The research results indicate that public participation, particularly the involvement of stakeholders in the formation of legislation, should guarantee the right to provide input at every stage; however, the mechanism is merely formal. Although Law 12/2011 explicitly guarantees space for stakeholders who have an interest in the substance of regulations, its implementation is hindered by three factors: difficulties in identifying groups with substantial interests, lack of transparency in the consultation process, and limited access and capacity of the public, resulting in participation often being symbolic.