THE RELATIONSHIP MODEL BETWEEN THE JUDICIAL COMMISSION AND THE SUPREME COURT FOR INTEGRATED JUDICIAL OVERSIGHT

Abstract This research is motivated by the condition that there is an ongoing debate to date regarding the supervisory function carried out by the Supreme Court (MA) and the Judicial Commission (KY), especially to what extent supervision is not only on the behavior of judges (misconduct), but can also reach technical and judicial substance (legal error).This study aims to formulate an ideal model of the division of authority that can strengthen the independence and accountability of judicial power. The research method used is normative juridical with a philosophical approach, a legislative approach, a conceptual approach, and a comparative approach. Research data was obtained through a literature study of laws and regulations, court decisions, legal literature, and related official documents, which were then analyzed qualitatively to obtain a comprehensive picture of the research problem. The results of the study indicate that. The division of authority of the Judicial Commission and the Supreme Court has a clear legal basis, namely Article 24A and 24B of the 1945 Constitution, Law Number 18 of 2011 concerning the Judicial Commission, and Law Number 5 of 2004 in conjunction with Law Number 3 of 2009 concerning the Supreme Court. However, in practice there is still overlapping authority, especially in the implementation of supervision and the imposition of sanctions. The recommended ideal model is a clear, synergistic, and complementary division of functions, with the Judicial Commission as an external supervisor and the Supreme Court as an internal supervisor, accompanied by an effective and measurable coordination mechanism.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-12-31
DOI
https://doi.org/10.5281/zenodo.18105724
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

THE RELATIONSHIP MODEL BETWEEN THE JUDICIAL COMMISSION AND THE SUPREME COURT FOR INTEGRATED JUDICIAL OVERSIGHT

Chrisdianto Eko Purnomo, HABIBI, M. GALANG ASMARA, RODLIYAH
Zenodo (CERN European Organization for Nuclear Research)
Indonesian Legal and Regulatory Studies
article

THE RELATIONSHIP MODEL BETWEEN THE JUDICIAL COMMISSION AND THE SUPREME COURT FOR INTEGRATED JUDICIAL OVERSIGHT

Chrisdianto Eko Purnomo, HABIBI, M. GALANG ASMARA, RODLIYAH
article en

Abstract

Abstract This research is motivated by the condition that there is an ongoing debate to date regarding the supervisory function carried out by the Supreme Court (MA) and the Judicial Commission (KY), especially to what extent supervision is not only on the behavior of judges (misconduct), but can also reach technical and judicial substance (legal error).This study aims to formulate an ideal model of the division of authority that can strengthen the independence and accountability of judicial power. The research method used is normative juridical with a philosophical approach, a legislative approach, a conceptual approach, and a comparative approach. Research data was obtained through a literature study of laws and regulations, court decisions, legal literature, and related official documents, which were then analyzed qualitatively to obtain a comprehensive picture of the research problem. The results of the study indicate that. The division of authority of the Judicial Commission and the Supreme Court has a clear legal basis, namely Article 24A and 24B of the 1945 Constitution, Law Number 18 of 2011 concerning the Judicial Commission, and Law Number 5 of 2004 in conjunction with Law Number 3 of 2009 concerning the Supreme Court. However, in practice there is still overlapping authority, especially in the implementation of supervision and the imposition of sanctions. The recommended ideal model is a clear, synergistic, and complementary division of functions, with the Judicial Commission as an external supervisor and the Supreme Court as an internal supervisor, accompanied by an effective and measurable coordination mechanism.

Zenodo (CERN European Organization for Nuclear Research)
University of Mataram (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 19%
Indonesian Legal and Regulatory Studies
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