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

Constitutional and Legal Basis

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

Partners1. Justice seekers communities

2. Judges and supreme judges

Tasks: Article 14 & 20 of Act 18/2011

Code of Ethics and Code of Conduct, 2012

Article 3 Code of Ethic and Conduct

Amendment