ANALISIS YURIDIS PENGGANTIAN HAKIM MAHKAMAH KONSTITUSI DALAM MASA JABATANNYA OLEH DEWAN PERWAKILAN RAKYAT

Abstract

The Constitutional Court is a high state institution in the Indonesian
constitutional system which has constitutional authority to adjudicate at the first
and final level to decide disputes over the authority of state institutions, the
dissolution of political parties, disputes over general election results, and judicial
review of the 1945 Constitution. The constitution acts as the guardian of the
constitution whose task is to ensure that all legal products and actions of state
institutions do not conflict with the constitution.
This research is normative research. This is based on library research
which takes quotations from reading books, or supporting books that are related
to the problem to be researched. This research uses secondary data sources
consisting of primary, secondary and tertiary book materials. This research also
uses qualitative data analysis and produces descriptive data.
From the results of the research and discussions carried out, several
conclusions were obtained, namely: First, Article 10 paragraph (1) PMK 4/2012
clearly states that the replacement or removal of Constitutional Court Judges
from their positions can only be carried out by presidential decree at the request
of the chairman of the Constitutional Court ., Second, the removal of
Constitutional Judge Aswanto by the DPR is an attempted intervention against the
Constitutional Court Judge, in this case the Judicial Authority should have
freedom and independence in carrying out the duties and functions of the
Constitutional Court. So it can be concluded that the dismissal of Judge Aswanto
and appointing Guntur Hamzah as Constitutional Court Judge is not can be
justified because it is contrary to law. The author's suggestion is that the
President is expected to show firmness in handling the replacement of
Constitutional Justice Aswanto. In this case, the President is not obliged to pay
attention to the letter from the DPR regarding the replacement of Constitutional
Justice Aswanto with Guntur Hamzah, or provide a response that the President
cannot carry out the replacement because the process is wrong.
Keywords: Constitutional Court-Replacement of Judges-People's
Representative