The Authority Of The DPR On The Appointment and Dismissal of Constitutional Judges

Iwan Kurniawan Prasetyo, Humairah Azzahra, Khazanatul Huda
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Abstract

Based on the 1945 Constitution, 3 institutions are authorized to appoint constitutional judges, including the Representative Council, Supreme Court, and the President. In the event that the dismissal of constitutional judges can be carried out if they have fulfilled the criteria contained in article 23 of Law No.7/2020. Paragraph (4) of the same article confirms that those with authority to dismiss a constitutional judge are the Chief Justices of the Constitutional Court and the President. However, in 2022 there is a polemic, namely the form of intervention against the dismissal of constitutional judges carried out by one of the legislative bodies, namely the Representative Council of Indonesia, which is a big question mark. What kind of authority does the Representative Council have as a legislature over the CC? Is this action justifiable and in accordance with applicable law? This legal research with a normative juridical approach examines secondary data in books, journals, and legislation as a reference. The result of this study indicates that the Representative Council’s over CC as contained in the 1945 Constitutions is very limited in proposing 3 candidates for constitutional judges and has no authority at all to dismiss them. The Representative Counsil’'s decision to dismiss constitutional judges is an act of offending the principle of the independence of the Constitutional Court and has no legal basis.
中华人民共和国关于宪法法官任免的权力
根据1945年的《宪法》,宪法法官的任命权由代表会议、大法院、总统等3个机关行使。如果宪法法官符合第7/2020号法律第23条所载的标准,则可以解除宪法法官的职务。同一条第(4)款确认有权罢免宪法法官的人是宪法法院的首席法官和院长。然而,在2022年,有一场争论,即立法机构之一,即印度尼西亚代表委员会,对宪法法官的解雇进行干预的形式,这是一个很大的问号。作为立法机关,代表议会对行政协调会有怎样的权力?这种行为是否正当,是否符合适用法律?这个法律研究与规范的司法方法检查二手数据在书籍,期刊和立法作为参考。这项研究的结果表明,1945年《宪法》所载的代表委员会对宪法法官候选人的提名非常有限,根本没有权力罢免他们。代表会议罢免宪法法官的决定是违反宪法法院独立原则的行为,没有法律依据。
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