TY - JOUR
T1 - Limitation of Misconduct of Judges
T2 - Increasing The Synergy of Supervision of Judges by The Judicial Commission and The Supreme Court
AU - Hamdan, Fairuz Zahirah Zihni
AU - Kristianti, Dwi Rahayu
AU - Verdian, Vincentius
N1 - Publisher Copyright:
© 2023 Fairuz Zahirah Zihni Hamdan, Dwi Rahayu Kristianti and Vincentius Verdian.
PY - 2023/5
Y1 - 2023/5
N2 - The supervision of judges in judicial power in Indonesia is carried out by two state institutions: the Judicial Commission and the Supreme Court. Internal supervision of judges is carried out by the Supreme Court on the judicial technicalities of judges and externally by the Judicial Commission on the ethical aspects of judge behavior. However, in its implementation, there is still no explicit limit to the scope of judges’supervision between the two institutions. This research aims to provide a different perspective and new breakthrough in judge supervision, namely, setting a boundary between judicial technical violations and ethical violations in examining alleged ethical violations by judges as a form of judicial supervision. The type of research used was reform-oriented research using a statutory and conceptual approach. The results showed that the mechanism for supervising judges was regulated through the Joint Regulations of the Supreme Court and Judicial Commission on the Code of Ethics and Code of Conduct for Judges (KEPPH), KEPPH Enforcement Guidelines, and Joint Examination Procedures. However, in its implementation, there is still a problem of unclear scope and limitations in the supervision of judges. Therefore, there must be improvements in related regulations by limiting technical judicial violations and ethical behavior.
AB - The supervision of judges in judicial power in Indonesia is carried out by two state institutions: the Judicial Commission and the Supreme Court. Internal supervision of judges is carried out by the Supreme Court on the judicial technicalities of judges and externally by the Judicial Commission on the ethical aspects of judge behavior. However, in its implementation, there is still no explicit limit to the scope of judges’supervision between the two institutions. This research aims to provide a different perspective and new breakthrough in judge supervision, namely, setting a boundary between judicial technical violations and ethical violations in examining alleged ethical violations by judges as a form of judicial supervision. The type of research used was reform-oriented research using a statutory and conceptual approach. The results showed that the mechanism for supervising judges was regulated through the Joint Regulations of the Supreme Court and Judicial Commission on the Code of Ethics and Code of Conduct for Judges (KEPPH), KEPPH Enforcement Guidelines, and Joint Examination Procedures. However, in its implementation, there is still a problem of unclear scope and limitations in the supervision of judges. Therefore, there must be improvements in related regulations by limiting technical judicial violations and ethical behavior.
KW - Judicial Commission
KW - Limitations
KW - Supervision of Judges
KW - Supreme Court
KW - Violations of Judge Ethics
UR - http://www.scopus.com/inward/record.url?scp=85168142470&partnerID=8YFLogxK
U2 - 10.20473/ydk.v38i2.45472
DO - 10.20473/ydk.v38i2.45472
M3 - Article
AN - SCOPUS:85168142470
SN - 0215-840X
VL - 38
SP - 371
EP - 388
JO - Yuridika
JF - Yuridika
IS - 2
ER -