PENGARUH AMANDEMEN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 TERHADAP PERUBAHAN KONFIGURASI KEKUASAAN KEHAKIMAN

Afandi, Emilianus (2014) PENGARUH AMANDEMEN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 TERHADAP PERUBAHAN KONFIGURASI KEKUASAAN KEHAKIMAN. S2 thesis, UAJY.

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Abstract

This study aims to examine and analyze the judicial power configuration changes after the amendment of the Constitution of the Republic of Indonesia Year 1945. This type of research is the study of literature to related of judicial power. Method of approach is a theoretical approach and the legal politics approach, by examining the theory of law and the sharing of powers in relation to the judicial power. The study findings proves that: (1) amendments to the Constitution of the Republic of Indonesia Year 1945 has brought changes to the configuration of judicial power as an independent power, carried out by the Supreme Court which supervises the judicial bodies that are below and by a Constitutional Court. Amendments to the Constitution 1945 in relation to the changes configuration of judicial power are designed to ensure the independence of the Supreme Court and the Constitutional Court to be more powerful, authoritative, impartial, responsible and able to resolve all legal and political disputes objectively. (2) Pattern of sharing of power and control mechanisms of checks and balances are not balanced, still dominated by the President and Parliament. Dominance of the President’s powers as head of state and head of government, the power sector in the field of legislative and judicial powers that grant clemency, rehabilitation, amnesty and abolition. The President power domination along with the Parliament in terms of selecting, appoint and dismiss the Chief Justice and appoint and set the Judge of Constitutional Court. (3) The need for repeated amendments to the Constitution 1945, especially the patterns of sharing of power and control mechanisms of checks and balances between the President and the Parliament on the implementation of judicial power is held by the Supreme Court and the Constitutional Court. Change and limit the power of the President and the Parliament in both the field of judiciary regarding clemency, rehabilitation, amnesty and abolition as well as the mechanism of recruitment of candidates of supreme judges and candidates of constitutional judges.

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