Independence of The Constitutional Court In Judicial Review Related To Constitutional Court Laws
DOI:
https://doi.org/10.35335/legal.v11i5.657Keywords:
Constitutional Court, Independency, Constitutional Court DecisionAbstract
The independence of the Constitutional Court is a guarantee for the rule of law and justice. The principle which states that judges may not examine cases involving themselves (nemo judex idoneus in propria causa) is one way to protect the dignity of the Constitutional Court. However, this is contrary to the authority of the Constitutional Court which has been confirmed by Article 24C of the 1945 Constitution of the Republic of Indonesia, one of which gives the authority to review the Constitution. The problem is also increasing with the absence of external supervision of constitutional judges which has been in effect after the Constitutional Court's Decision No. 1-2/PUUXII/2014, the date of the review of the Constitutional Court Law to date. This research is a normative/doctrinal legal research, which shows that the authority of the Constitutional Court to review the laws governing the Constitutional Court as a constitutional mandate.
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References
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Legislation
The 1945 Constitution of the Republic of Indonesia.
Law Number 48 of 2009 concerning Judicial Powers.
Constitutional Court Regulation Number 9 of 2006 concerning Enforcement of the Declaration on the Code of Ethics and Behavior of Constitutional Judges.
Law Number 4 of 2014 concerning Stipulation of Government Regulation in lieu of Law Number 1 of 2013 concerning the Second Amendment to Law Number 24 of 2003 concerning the Constitutional Court.
