THE IMPORTANCE OF AN EXTERNAL SUPERVISION FOR CONSTITUTIONAL JUDGES TO KEEP THE HONOR OF THE CONSTITUTIONAL COURT
Date
2019-10Metadata
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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.