The Importance of an External Supervision for Constitutional Judges to Keep the Honor of the Constitutional Court
- DOI
- 10.2991/aebmr.k.200321.025How to use a DOI?
- Keywords
- Constitutional Court, Constitutional Judges, external supervision, Judicial Commission
- Abstract
This article addresses an importance of supervision of constitutional judges. Why? Two of Indonesian Constitutional Court Judges have been arrested due to the bribery case. The bribery case which involved the Chairman of Justice of the Constitutional Court has become a reason to provide the new Law regarding the Judicial Commission. Even the Constitutional Court arguing that the supervision of the Judicial Commission is not constitutional based on two legal reasoning. The supervision of the Judicial Commission for Constitutional Judges is arguably unconstitutional. But on the contrary, Supreme Judges and Judges of the lower courts become the object of supervision of the Judicial Commission. This article concludes that keeping the honour of the Constitutional Court requires an external supervision. Judicial Commission can be functionalized as an external supervision, such as practiced in Consiglio Superiore della Magistratura, Italy and Conseil Superieur de La Magistrature, French. Both have authority to the giving consideration in the appointment of judges and disciplinary judges and supervision.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Nanik Prasetyoningsih AU - Iwan Satriawan AU - Andi Zamharira Nurdin Palinrungi PY - 2020 DA - 2020/03/27 TI - The Importance of an External Supervision for Constitutional Judges to Keep the Honor of the Constitutional Court BT - Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019) PB - Atlantis Press SP - 189 EP - 196 SN - 2352-5428 UR - https://doi.org/10.2991/aebmr.k.200321.025 DO - 10.2991/aebmr.k.200321.025 ID - Prasetyoningsih2020 ER -