Pemberhentian Hakim Konstitusi yang Dilakukan oleh Dewan Perwakilan Rakyat Republik Indonesia Ditinjau dari Undang Undang Nomor 7 Tahun 2020 Tentang Mahkamah Konstitusi

Abstract

The Constitutional Court holds a crucial role in maintaining the balance of power and upholding constitutional principles. The Court’s establishment represents a concrete embodiment of the separation of powers within Indonesia’s democratic system, where the executive, legislative, and judiciary operate as independent branches that interact to prevent power abuses. The dismissal of Constitutional Court justices by the House of Representatives during their tenure raises questions about the Court’s position and function, the legal framework governing the appointment and dismissal of justices, and the constitutionality of such dismissals by the House of Representatives. This study employs normative legal research with a statutory approach. The research relies on secondary data, including primary, secondary, and tertiary legal materials, collected through literature studies and analyzed using qualitative data analysis methods. The Constitutional Court is established as an independent state institution under Article 24C Paragraph 1 of the 1945 Constitution, tasked with adjudicating cases at the first and final instance with decisions that are final. It serves as the “Guardian of the Constitution” on equal footing with other state institution. However, this provision does not fully incorporate the principle of security of tenure. Article 71 Paragraph 14 0f law No. 17 of 2014 on the People’s Consultative Assembly, House of Representatives, Regional Representative Council, and Regional House of Representatives (MD3 Law) merely states that the House of Representatives is authorized to “select three Constitutional Court justices and propose them to the president for inauguration by a presidential decree.” The MD3 Law does not further elaborate on the extent of the House’s authority in supervising or dismissing Constitutional Court justices it nominates. Thus, such actions are unconstitutional. The dismissal process of Justice Aswanto by the House of Representatives reflects a breach of the principles of judicial independence, impartiality, and freedom of the judiciary.