Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)

The Importance of an External Supervision for Constitutional Judges to Keep the Honor of the Constitutional Court

Authors
Nanik Prasetyoningsih, Iwan Satriawan, Andi Zamharira Nurdin Palinrungi
Corresponding Author
Nanik Prasetyoningsih
Available Online 27 March 2020.
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/).

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Volume Title
Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
Series
Advances in Economics, Business and Management Research
Publication Date
27 March 2020
ISBN
10.2991/aebmr.k.200321.025
ISSN
2352-5428
DOI
10.2991/aebmr.k.200321.025How to use a DOI?
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  -