Juanda Juanda
Universitas Esa Unggul Jakarta, Indonesia

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The Position of The Honorary Council of The Constitutional Court in the Indonesian Legal Order Juanda Juanda; Nanda Dwi Rizkia
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i2.7094

Abstract

ABSTRACT This research is qualitative research with a normative approach. The data that researchers use in this article is secondary data that researchers obtained from various credible sources such as legal regulations, books, articles, scientific and various other sources. The data that the researchers used were analyzed using three legal analysis techniques, namely normative legal analysis techniques, historical legal analysis techniques, and telelogical legal analysis techniques. The result in this article show The Honorary Council of the Constitutional Court has existed since the enactment of Law no. 24 of 2003, namely Article 23 paragraph (3), which states that; "Requests for dishonorable dismissal as intended in paragraph (2) letters b, c, d, f and g are made after the person concerned has been given the opportunity to defend himself before the Honorary Council of the Constitutional Court." Then in 2006 the Constitutional Court established a Regulation concerning the Honorary Council of the Constitutional Court, namely regulation Number 10/PMK/2006. Regarding changes to Law no. 24 of 2003, the Honorary Council was only defined after the enactment of Law no. 8 of 2011. Article 1 number 4 of Law no. 8 of 2011 states that: "The Honorary Council of the Constitutional Court is a device established by the Constitutional Court to monitor, examine and recommend actions against Constitutional Judges, who are suspected of violating the Code of Ethics and Code of Conduct for Constitutional Judges. Thus, the statement regarding the Honorary Assembly of the Constitutional Court only existing in 2023 is not justified.Theologically, the formation of the constitutional court has objectives, duties and authority, among others: 1. The Honorary Council has the authority to maintain the dignity and honor of the Court. 2. The Honorary Council has the authority to examine and decide on alleged violations of the Code of Ethics and Conduct of Constitutional Judges 3. Alleged violations of the Code of Ethics and Conduct of Constitutional Judges can be examined and decided within a maximum of 30 working days from the time the report is recorded in e-BRLTP 4. In terms of a period of 30 days If the inspection has not been completed, it can be extended for a maximum of 15 working days.
Delinquency of Constitutional Court Decision Number 90/PUU-XXI/2023 on Age Limit Requirements for Presidential and Vice Presidential Candidature Juanda; Nina Zainab
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 2 (2024): Siber International Journal of Advanced Law (October - December 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i2.124

Abstract

The Constitutional Court is an institution of judicial power which has a judicial function to uphold law and justice. Law Number 24 of 2003 explains that the duties and functions of the Constitutional Court are to handle constitutional cases regarding certain constitutional matters in order to safeguard the constitution so that it is implemented responsibly in accordance with the will of the people and democratic ideals. One of the powers of the Constitutional Court is the authority of "judicial review", namely the authority to review laws where the decisions are final and binding. This authority is very important because it is a legal corridor and a way for citizens to defend their constitution. If there is a conflicting law, they can request it to be cancelled, but on the one hand, this authority is so large that in maintaining the constitution, constitutional judges are certainly needed who have knowledge and expertise. state administration and commitment to implementing and monitoring it in accordance with the corridors of the constitution, so that every decision that is issued does not go outside the corridors so that the constitution itself is constitutionally maintained. This research was written using normative juridical methods and was based on current phenomena. The results obtained are the importance of the role of the Constitutional Court in handing down decisions because the Constitutional Court's decisions are final and have binding legal force. Judges must have high integrity, be independent and free from any influence. The public and state administrators must be able to restore the dignity of the Constitutional Court by starting with the recruitment of constitutional judges and ensuring that the functions and authority of the Constitutional Court run in accordance with the ideals of its formation.