ANALYSIS OF THE INDEPENDENCE OF CONSTITUTIONAL COURT JUDGES IN SOME JUDICIAL REVIEW CASES

Abstract

The independence of Constitutional Court Judges is part of the judge's professional code of
ethics which must always be maintained and implemented as a form of effort to make the
Constitutional Court an institution of judicial power, which is free from intervention and
independent in upholding law and justice. In the context of its formation, the Constitutional
Court also plays a role in maintaining the supremacy of the Constitution as regulated in Article
24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia which determines that
"the Constitutional Court has the authority to adjudicate at the first and final level whose
decision is final to review the law. against the Constitution...”. In the implementation of
judicial reviews carried out by the Constitutional Court in the recent period, there have been
several Judicial review decisions which have caused polemics and controversies regarding the
independence of Constitutional Court Judges. Among them are Constitutional Court Decision
No.90/PUU-XXI/2023 and Constitutional Court Decision No.103/PUU-XX/2022. From the
explanation above, the author conducted this research with the aim of an analytical study of
the independence of Constitutional Court judges in several Judicial Review cases. The research
method used in this research is research with a juridical-normative approach, which is
research that focuses on normative legal knowledge, apart from that it also tries to examine
the rules that apply in society.