state auxiliary body (1): judicial commission universitas ... · the effort to control judicial...
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Komisi Yudisial
State Auxiliary Body (1): Judicial Commission
Dr. Herlambang P. Wiratraman Faculty of Law Universitas Airlangga 2015
Course description
❖ History and the political context
❖ The constitutional/legal basis
❖ Mandates and its authority
❖ Related issues and cases
The history and the political context ❖ The effort to control judicial power, 1968 (MPPH/
Majelis Penelitian Pertimbangan Hakim dan DKH/Dewan Kehormatan Hakim), but proposal failed to enter into Judicial Power Act 14/1970.
❖ Context: subordination of judicial power, the role of minister of law and justice, and judicial corruption (judicial mafias)
❖ DKH was adopted, Act 35/1999: monitor judges, recommendation for recruiting and promoting judges, and developing ‘code of conduct’ for judges.
❖ Komisi Yudisial/KY, Act No 22/2004, 13 August 2004
The Aims
1. Independent judicial power for law and justice
2. Improving judges integrity, capacity and profesionalism
Authority (Article 13 of Act 18/2011)
1. Proposing Supreme Court Judges and Ad Hoc Judges to Parliament
2. Monitoring judges’c conducts
3. Code of Ethics and Code of Conduct (together with Supreme Court)
4. Codes Enforcement