THE URGENCY OF EXTERNAL SUPERVISION ON CONSTITUTIONAL COURT’S JUSTICES IN INDONESIA
Abstract
The purpose of this research is to convince the urgency of external
supervision on Constitutional Court‟s Justices in Indonesia. The research
focuses the study on the importance of external supervision on Constitutional
Justices in Indonesia. The research is a normative legal research which uses
Constitutional approach, statute approach, and comparative approach. The
result of research shows that there is urgency of external supervision on
Constitutional Court‟s Justices in Indonesia. Urgency of external supervision
on Constitutional Justices is due to some reasons. First, supervision system
against the behaviour of Constitutional Justices is not maximum yet and not
ideal. Second, when it compares between system supervision of judicial
institution in other countries, author arrived at the conclusion that other
countries gave authority to the Judicial Commission in supervising the
judiciary. Third, the position of the supervisory institution of Constitutional
Justice is still internal and not a maximum of control and does not guarantee
the performance of the Court because the cases of Constitutional Justice is
still going on. Responding the unclear authority of the Judicial Commission
in Supervision the Constitutional Court Justices, the People‟s Consultative
Assembly (MPR) needs to amend Article 24B of the 1945 Constitution which
asserts the authority of the Judicial Commission in supervising the
Constitutional Court Justices.