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All Journal JURNAL HUKUM LAW REFORM
Haji Mohiddin, Mas Nooraini binti
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Urgency of Presidential Institution Regulations in Strengthening the Presidential Government System Widayati, Widayati; Haji Mohiddin, Mas Nooraini binti; Herawati, Ratna; Winanto, Winanto
LAW REFORM Vol 19, No 2 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i2.57880

Abstract

The existence and authority of the executive, legislative and judicial institutions are regulated in the 1945 Constitution of the Republic of Indonesia, then regulated in more detail in the law, except for the President. There is no law on presidential institutions yet, so there is concern that the President will exceed or abuse his authority in carrying out his duties. This research discusses the importance of regulating presidential institutions in strengthening the presidential system. The research approach was normative juridical; examining legal rules or regulations as a building system related to a legal event. The data used were secondary data in the forms of primary and secondary legal materials. Based on the results of the analysis, it is concluded that: 1) the regulation of presidential institutions is only found in the Constitution. There is no description of the position and division of authority between the President and Vice President and other positions in the presidential institution. 2) The position of the Vice President is as assistant to the President, and the Vice President replaces the President when the President dies, resigns, is dismissed, or is unable to carry out his obligations during his term of office. 3) Regulation of presidential institutions in strengthening the presidential government system is very urgent to prevent arbitrary actions by the President and to provide clarity on the authority of positions within the presidential realm so that they can carry out their duties well in supporting the President as head of state and head of government. With clear arrangements, each person has responsibilities, and there will be no overlapping of authority.
Reconstruction of the Judicial Commission’s Authority in Promoting Judges with Integrity Widayati, Widayati; Winanto, Winanto; Haji Mohiddin, Mas Nooraini binti; Suwondo, Denny; Arpangi, Arpangi; Nur Hidayat, Yudhi Taufiq
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.39.2.270-294

Abstract

The authority of the Judicial Commission (KY) to supervise judges is diminishing due to opposition from the Supreme Court judges and constitutional judges. Cases of corruption and bribery involving Supreme Court judges and constitutional judges indicate that external oversight by the KY is crucial to maintaining judges' honor, dignity, and behavior. This research discusses the importance of external supervision in realizing the integrity of judges. The research uses a normative juridical approach, which examines norms or legal rules as a structure of norm systems related to a legal event. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Based on the analysis, it is concluded that: 1) Supervision of judges, both internally and externally, is necessary and crucial to prevent them from abusing the freedom or independence given to them. Various cases of bribery and corruption involving judges indicate that without external supervision, there will be a risk of abuse of power. 2) KY, as an external supervisor, also needs to be given authority to select not only Supreme Court judges but judges at all levels of the judiciary within the Supreme Court. 3) KY conducts external monitoring of all judges, including judges to the Supreme Court and constitutional judges, to ensure the integrity of the judiciary. In order to ensure the optimal operation of KY's authority, KY representatives need to be established in provinces and districts/cities since judges are distributed throughout Indonesia both in provinces and districts/cities.
Co-Authors Arpangi Arpangi, Arpangi Nur Hidayat, Yudhi Taufiq Ratna Herawati Suwondo, Denny Widayati Widayati winanto, winanto