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All Journal HUKUM BISNIS
Moh. Syaihol Hadi
universitas narotama
Law, Crime, Criminology & Criminal Justice

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KEABSAHAN PEMBERHENTIAN HAKIM MAHKAMAH KONSTITUSI BERDASARKAN USULAN DEWAN PERWAKILAN RAKYAT Moh. Syaihol Hadi
Jurnal HUKUM BISNIS Vol 7 No 4 (2023): Volume 7 No 4 2023
Publisher : Fakultas Hukum Universitas Narotama

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This legal issue is case study on the dismissal of Aswanto’s Judge based on the recommendation of the House of Representative (DPR). The focus of this research is to analyze the issue of the legal status of dismissal and resulting legal consequences. Legal study of this case is analyzed from three perspective, namely the perspective of normative law, administrative law, constutional law. This is normative’s research through statute approach, case approach, and conceptual approach. The results of this research show that the dismissal Aswanto’s Judge is contrary to normative law, which is based on the UUD 1945 and Law on the Constitutional Court. However, the status of his dismissal remains legally and has legal force because it is bound by Presidential Decree (Keppres). Likewise, when referring to the doctrine of constitutional law, this practice can be called a constitutional convention. Keyword: Judge of Constitutional Court, Dismissal, House of Representative (DPR)
PENGISIAN JABATAN PRESIDEN DAN WAKIL PRESIDEN DALAM HAL TERJADI PENUNDAAN PEMILU DALAM PERSPEKTIF UUD 1945 Moh. Syaihol Hadi
Jurnal HUKUM BISNIS Vol 7 No 4 (2023): Volume 7 No 4 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This legal issue originates from the discourse on postponing the 2024 general election. The focus of this research is to analyze the issue of constitutional reason for postponing the general election and filling the potitions of president and vice preside when a postponement of general election. This research is a normative research, and uses a statute approach and a conceptual approach. The results of this research show that postponing general election can occur if amendments to the UUD 1945 are made. And non-legally, through a constitutional convention, a legal revolution, or through a presidential decree.In addition, the postponement of general elections can lead to legal uncertainty and chaos, one of which is a vacancy for the positions of president and vice president. Because there is not norm of UUD 1945 which regulates the mechanism for filling the positions of president and vice president, the result is a legal vacuum. The problem of vacancies in positions and legal vacuumcan be overcome by optimizing the judiciary, namely the Constitutional Court. Keyword: Filling the Positions, President and Vice President, Postponing the General Election
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