The Political Shift in Legal Power of the Judiciary Post Constitutional Amendment

Prasetyo, Dossy Iskandar (2024) The Political Shift in Legal Power of the Judiciary Post Constitutional Amendment. JURNAL HUKUM Faculty of Law, Unissula, 4 (1). pp. 244-259. ISSN 1412-2723 ; e-ISSN 2723-6668 ( Online)

Text UNISSULA24_Political Legal.pdf Download (418kB)

Abstract

The purpose of this study examines the legal politics of the shift in judicial power after the constitutional amendment in Indonesia. This study was conducted using doctrinal legal research with a fundamental research approach, designed to gain a deeper understanding of law as a social phenomenon. The results of the study found that historically, the earliest shift in judicial power was related to the theory of shifting separation of powers and the imperative rule of law. The post-constitutional shift resulted from the amendment to the 1945 Constitution which expressly stated that the judiciary is independent. Judicial power is an independent power to organize justice in order to uphold the law and equality and judicial power is not only carried out by the Supreme Court, but also by the Constitutional Court, that the supreme court judge must have integrity and an impeccable personality, fair, professional, and experienced in the field of law, To guarantee the independence and integrity of judges, especially the amendment to the 1945 Constitution, a new institution was issued called the Indonesian Judicial Commission.

Item Type:	Article
Additional Information:	Jurnal Hukum Unissula Islamic University of Sultan Agung Faculty of Law ISSN: 1412-2723 ; e-ISSN 2723-6668 ( Online).; Scopus SJR Q1
Uncontrolled Keywords:	Legal Politics, Judicial Power Shifting, Separation of Power, Legal State
Subjects:	J Political Science J Political Science K Law > K Law (General) > Civil Law K Law > Civil Law
Divisions:	Faculty of Law > Bachelor of Law > Magister of Law Faculty of Law > Magister of Law
Depositing User:	Perpus Ubhara Surabaya
Date Deposited:	04 Nov 2024 03:29
Last Modified:	04 Nov 2024 03:29
URI:	http://eprints.ubhara.ac.id/id/eprint/2755

Actions (login required)

View Item