Critical Issue Termination of Judges of the Constitutional Court by the Council of People's Representatives

Abstract

Judicial power is an independent power to administer justice in order to enforce law and justice. The independence of the judiciary has begun to be threatened due to the dismissal of a judge of the Constitutional Court in the middle of his term of office. The purpose of this article is to examine and analyze the juridical basis of the House of Representatives decision on the dismissal of Judges of the Constitutional Court in Law Number 7 of 2020 concerning the Constitutional Court. The research method used is a normative legal research method because it examines the basis for the decision of the House of Representatives on the dismissal of Judges of the Constitutional Court. The results of this study explain that there is an error in the House of Representatives in deciding the dismissal of a judge of the Constitutional Court, which is done unilaterally by conducting a sudden plenary session and violating the mechanism in the absence of a juridical basis and clearly violating Law No. 7 of 2020 article 23 paragraph 4 regarding the mechanism. dismissal of judges of the Constitutional Court. This is because the mechanism is clearly contrary to Article 23 of Law Number 7 of 2020 concerning the Third Amendment to Number 24 of 2003 concerning the Constitutional Court.