Perbandingan Kode Etik Hakim Konstitusi Antara Indonesia Dan Jerman

Wahyuda, Muhammad Riyan (2024) Perbandingan Kode Etik Hakim Konstitusi Antara Indonesia Dan Jerman. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The Constitutional Court has an important role as an institution in carrying out checks and balances and also a representation of democracy itself so that the performance of constitutional judges must be maintained by a code of ethics. The code of ethics is a form of supervision of constitutional judges so that the implementation of the duties and functions of judges can be carried out in accordance with the law (regulations). Indonesia and Germany have the same legal system and also a similar historical background where both countries have experienced authoritarian regimes, and the Constitutional Court is present to prevent this from reappearing. The results show that the Constitutional Court Regulation related to the guidelines for the code of ethics for constitutional judges refers to The Bangalore Principles 2002. The Constitutional Court Regulation itself has the same position as the Presidential Regulation “conditionally”. The legal literature of the Constitutional Court Regulation actually has the nature of internal regelingen, which means that the character of the PMK is only binding on an institution. In contrast, Germany does not regulate in detail in a regulation as found in Indonesia. Germany regulates the code of ethics in the Bundesdisziplinargesetz - BDG which is a law in federal disciplinary matters that applies mutatis mutandis with the Deutsches Richtergesetz - DRiG. The distinguishing aspects that become comparative variables between Indonesia and Germany are the authority to prosecute violations of the code of ethics of constitutional judges, the sanctions given, the judicial process or trial, the legal products resulting from the trial process, the subject who is entitled to file a report. Keywords: Comparative Law, Code of Ethics, Constitutional Court Judges

Item Type:

Thesis (Undergraduate)

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