Jurnal IUS (Kajian Hukum dan Keadilan)
Vol 2, No 5 (2014): HUKUM DAN TATA KUASA

FIT AND PROPER TEST FOR PUBLIC THE OFFICIALS CANDIDATE PERSPECTIVE ON CONSTITUTIONAL ASPECTS

Pawana, I Ketut Bayu (Unknown)



Article Info

Publish Date
21 Aug 2014

Abstract

Constitution Amendments in 1999-2002,  significantly changing the constitutional system of Indonesia. One  of amendments aspect in constitution that is more empowering Parliament functions,  beside their main function there is a new  parliament authority that is involvement in the determination of public officials. Such Involvement is limited by the authority of “election” and “consent”. In fact,  the Law Number 3 Year 2009 on the Supreme Court and the Law Number 18 Year 2011 on the Judicial Commission setting up  the two forms of authority of the House of Representatives that is “choosing“ to the fit and proper test mechanisms. The emergence acted upon the authority of the House of Representatives for the fit and proper test for public officer candidate constituted by the strengthening of the role and functions of Parliament are given by the Constitution,  mechanism of checks and balances that govern the relationship between the state institutions are equal and mutually control each other. Fit and proper test is the determination mechanism of public officials by the House of Representatives. However,  the suitability of the authority of Parliament to implement fit and proper tests of public officials candidate of the Constitution of 1945 stipulated NRI deviant or contrary to Law Number 3 Year 2009 on the Supreme Court and the Law Number 18 Year 2011. Constitution mandate only on the authority to give consent but  by Law Number 18 Year 2011 and Law Number 3 Year 2009 is lead up to the authority to choose by fit and proper test mechanism.Keywords: Authority Parliament and Fit and Proper Test

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Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...