ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 56/PUU-XX/2022 TENTANG PENGUJIAN MATERIIL PASAL 27 A AYAT (2) HURUF B UNDANG-UNDANG NOMOR 7 TAHUN 2020 TENTANG MAHKAMAH KONSTITUSI

Abstract

Judicial power is an independent and independent power that carries
out a judicial function in the field of justice. The Constitutional Court is a state
institution that carries out the functions of judicial power which is granted
constitutional authority in Article 24 letter C of the 1945 Constitution of the
Republic of Indonesia. In addition, the Judicial Commision is part of the judicial
power but does not carry out a judicial function. Judicial Commision is only an
institution that balances the power of the judiciary which has the authority by the
Constitution to maintain and uphold the nobility and behavior of judges.
The type of research used by the author is normative legal research or
what is known as "legal research". Which means that this legal research, law is
often conceptualized as what is written in statutory regulations (law in book) or
law. Regarding the Constitutional Court Decision Number 56/PUU-XX/2022
which conducted a material review of Article 27 A paragraph (2) Letter B Law
Number 7 of 2020 Concerning the Constitutional Court.
The Constitutional Court Decision Number 56/PUU-XX/2022 states that
1 (one) member of the Judicial Commission as one of the elements in the
Honorary Council of the Constitutional Court is contrary to the Constitution and
deleted. Meanwhile, the background or urgency for the establishment of the
Judicial Commision was to overcome judicial mafia practices that had
mushroomed at that time in Indonesian courts, as well as to restore public
confidence in the judiciary. Judicial Commision is mandated by Article 24B
paragraph (2) to protect and uphold the honor of judges, while the Constitutional
Court is of the opinion that the judges in question are different from
Constitutional Court judges in their positions. in the Constitution itself there is no
distinction between judges according to their position or function. It is feared that
the Judicial Commision's exception will further open up opportunities for judicial
mafia practices. In this regard, this decision will also result in a situation that
makes the Court a super body judicial institution because there is no institution
outside the Court that will supervise and uphold the ethics of the Constitutional
Keywords: Decision MK, MKMK, KY Supervision