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REKONSTRUKSI PENATAAN PENGISIAN HAKIM MAHKAMAH KONSTITUSI DI INDONESIA

Anwariyah, Hasrul (2018) REKONSTRUKSI PENATAAN PENGISIAN HAKIM MAHKAMAH KONSTITUSI DI INDONESIA. Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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Abstract

The establishment of the Constitutional Court is the mandate of a transitional rules article III of the Constitution of the Republic of Indonesia Year 1945 changes to third and fourth, as part of the judiciary or judicial power. And the terms regulated in the Constitution judges charging Constitution of 1945 Year NRI, Law number year 2003 On the Constitutional Court, and Law number 8 Year 2011 about the change of Act No. 24 of the year 2003 Of the Court the Constitution, which in principle constittutional judge charging is carried out in a transparent, participatory, objective, and accountable. Problems are examined in this research with the aim is to study in depth and charging reconstruction judge of the Constitutional Court in Indonesia. These studies are juridical normatif, the author uses the approach of the approach of law (statute approach) to analyze the constitutional judges in charging Indonesia’s problem by looking at the principles of charging Constitution and judges the termsof the existing Constitution of the judges in the law. Legal materials used consist of primary legal materials i.e. related legislation, namely in the form of secondary legal materials the writings as well as other scientific encyclopedias as a supporter to give instruction or description of material other law. The dwarf in the collection of legal materials used are model studies library (library research) and study the internet. While the analysis of legal materials using a descriptive qualitative analysis presented in descriptive i.e., explain, elaborate, and described in accordance with the legal issues. Legal interpretation and analysis to analyze facts and norms by using interpretation of the law. Based on the results of the research and the discussion Reconstruction of carging Constitution of jdges in Indonesia can be done by application of the principle of charging Constitution judges are transparent and participative, as well as constitutional judge selection mechanism setting on a instantion institutions namely the Supreme Court consist of, The House of representatives, and the President. It can be concluded that to obtain a constitutional judge has integrity, fair, statesman, and personality are not stigmatized. The charging process can be obtained by constitutional judges transparent and participatory, as well as the clarity of the rules of the constitutional judges charging mechanism. As well as advice for proposers institutions especially the Supreme Court and the President are likely to be closed in expectation of the Constitution, judges recruitmentcan be more open and objective.

Item Type: Thesis (Bachelors Degree (S1))
Additional Information: 201110110311148
Uncontrolled Keywords: The judges, the Constitutional Court, Transparent and participatory.
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Sulistyaningsih Sulistyaningsih
Date Deposited: 02 Nov 2018 02:02
Last Modified: 02 Nov 2018 02:02
URI : http://eprints.umm.ac.id/id/eprint/39111

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