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All Journal JUSTICES: Journal of Law
Sofi Yuliniar
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Religion Law, Crime, Criminology & Criminal Justice

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Principles of State Administrative Court In Indonesia Sofi Yuliniar
JUSTICES: Journal of Law Vol. 2 No. 2 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i2.27

Abstract

In a principle of state administrative justice in Indonesia, there are two differences where this justice system lives in a rule of law state, the first is unity of jurisdiction, which means a unit of jurisdiction which will certainly be embraced by a rule of law country, where only one unit recognizes the entire set of courts, namely there is in ordinary courts such as (general courts) and quite unfamiliar with PTUN. Furthermore, the second in the duality of jurisdiction adopted by countries where laws are adhered to is the general court and Administrative Court. Now, where the general court is at the supreme court, while PTUN blends in with the state. Now, in these two cases, it is not only the organizational structure of the court that differs, but the legal subjects or procedural law are actually different. Now, in Indonesia, this is quite unique because there is a research result that we know very well, which is closer to a unified system of jurisdiction, but when viewed from the principles of justice or procedures for resolving disputes, it is closer to the system of dual jurisdiction, so that in writing want to conclude that the justice system in Indonesia follows a mixed system.
Analysis of Problems of Oversight of the Constitutional Court Sofi Yuliniar
JUSTICES: Journal of Law Vol. 2 No. 1 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i1.28

Abstract

Constitution through decision number 005/PUU-lV/2006 dated 23 August 2006 which raises problems in a statement that is in the articles of supervision of the judicial commission. Where the supervision of judges regarding the constitution is contrary to the 1945 Constitution of the Republic of Indonesia and does not have a binding legal power. In an oversight of constitutional judges associated with a principle of independence in which the judicial power to know the supervisory system of constitutional judges in preventing the power of judges to realize an ideal and clear oversight. The article I made aims to find out the knowledge of constitutional court oversight to prevent abuse of judicial power and constitutional court judges must also know how the existence of the constitutional court judge supervisory body in supervising constitutional court judges. This study uses the library research method or the results of research that has been carried out, as for the data used here, among others, which have references or primary legal language from legislation and decisions, secondary legal materials from books, journals, thesis, and tertiary legal material from a dictionary, encyclopedia. Where based on the analysis of the data carried out, it was obtained from a conclusion regarding the regulation of supervision of constitutional judges regarding article 21 paragraph 1 letter a where the sound is PMK constitutional court regulations number 2 of 2014 concerning the honorary assembly of the constitutional court. Where, according to the author, the internal supervision of constitutional judges has not been effective or is said to be due to several factors which have resulted in weak internal supervision, the first being the spirit of defending the conference and the absence of a genuine will from the judiciary leadership to follow up on the results of the internal supervision of judges which thus opens up opportunities for judges who are proven to have violated the code of ethics against the constitutional court. So in order for the supervision of constitutional judges to be good and ideal, the supervision must be carried out by an external supervisory institution. Yes, the judicial commission can provide more effective oversight and maintain the dignity and dignity of constitutional judges within the scope of the constitutional court.
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