OBJEKTIVITAS MAHKAMAH KONSTITUSI DALAM MELAKUKAN JUDICIAL REVIEW

KELBULAN, JULIUS (2015) OBJEKTIVITAS MAHKAMAH KONSTITUSI DALAM MELAKUKAN JUDICIAL REVIEW. S2 thesis, UAJY.

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Abstract

This thesis entitled “Constitutional Court Objectivity in Performing Judicial Review” (Analysis toward Constitution Court Decision of Republic Indonesia Number: 1-2/PUU-XII/2014)”. This thesis aims to determine the objectivity of Constitutional Court (MK) in performing Judicial Review toward the legislation that regulate of Constitutional Court (MK) itself, knowing the constraints and efforts to overcome the constraints of Constitutional Court (MK) objectivity in performing judicial review toward the legislation on Constitutional Court (MK) itself. This research is a normative research with legislation and history approach. The results showed that the consideration of Constitutional Court (MK) judges had not been objectively as consideration related to the establishment of Experts Panel in which Constitutional Court (MK) stated that the provision for candidates nominating of constitutional judges were considered to reduce the third constitutional authority of the state institutions. The consideration was considered less objective because KY Positions as judicial power practitioners still had an important role in the politics of judicial authority to supervise the judges. The constraints of Constitutional Court (MK) objectivity in performing judicial review that was Constitutional Court (MK) did not have an internal oversight mechanism yet to detect violations or weaknesses of Constitutional Court (MK) itself. The existing supervisory mechanism just was structural hierarchical and did not involve the entire organization component. The efforts to overcome the obstacles related to the objectivity of Constitutional Court (MK) that were the need for improvement of selection mechanism and submission of constitutional judge and the need for supervision of Constitutional Court (MK) judge through UUD 1945 amendment to add the authority of KY in the supervision of Constitutional Court (MK).

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