Claim Missing Document
Check
Articles

Found 2 Documents
Search

Tumpang Tindih Fungsi Pengawasan Komisi Yudisial dan Mahkamah Agung: Tantangan dalam Mewujudkan Peradilan yang Berintegritas Cindy Amalia; Kurnia Ayu Agustin; Prastian Nur Huda; Herfita Ayu Nayla; Damar Arrya Akbar A
Jurnal Ilmu Sosial dan Humaniora Vol. 1 No. 4 (2025): OKTOBER-DESEMBER
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/x2byrn05

Abstract

The judiciary plays an important role in upholding law and justice in Indonesia. To maintain the integrity of judges, two supervisory bodies were established: the Judicial Commission (KY) and the Supreme Court (MA). However, in practice, there is often an overlap of authority between the two institutions, especially in terms of overseeing the behavior of judges. This research aims to trace the root of the overlapping issues by reviewing the legal basis governing the authority of the Judicial Commission (KY) and the Supreme Court (MA), and its impact on the independence of the judiciary. The method used is normative juridical with a statutory and conceptual approach, as well as examining several Constitutional Court decisions related to this issue. The study results indicate that the overlap in oversight functions is caused by unclear boundaries of authority as stipulated in the law, leading to potential institutional conflict. Going forward, it is necessary to align regulations and improve coordination between the Judicial Commission (KY) and the Supreme Court (MA) so that the oversight function can operate more effectively without disrupting the independence of the judiciary.
Penyusunan RUU Revisi TNI di Tengah Penolakan Masyarakat Ikhwan Nur Ramadhan; Damar Arrya Akbar A; Fajar Kurniawan; Herdandi Bagus A.P.
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 4 (2025): Desember : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i4.1374

Abstract

This study explores how the drafting process of the Bill (RUU) for the Revision of the Indonesian National Armed Forces (TNI), which was approved to become Law Number 3 of 2025, occurred amidst massive public protests, with an emphasis on violations of the principles of openness, participation, and accountability as regulated in the 1945 Constitution and Law Number 12 of 2011 concerning the Formation of Legislative Regulations. The public's rejection illustrates the potential for abusive law making, threats to civilian dominance, and the possibility of a return to the dual function of the military from the New Order period, supported by protests, petitions from civil society organizations such as NU, WALHI, and KONTRAS, as well as an application for constitutional review to the Constitutional Court. Adopting the perspective of Habermas’s theory of deliberative democracy and Weber’s concept of legitimacy, this research asserts that the argument for the annulment of this Bill is growing stronger, in order to uphold democratic law making and the protection of human rights.