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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This thesis aims to find out whether the DPR's actions in dismissing Constitutional Judges fall within its authority or not. And whether the President's steps to grant the DPR's request by issuing Presidential Decree Number 114/p/2022 concerning the Dismissal and Appointment of Constitutional Judges is contrary to Islamic Law and Constitutional Law in Indonesia.
This research uses qualitative methods using normative, juridical and literature approaches with a legal research approach whose object is the analysis of Presidential Decree Number 114/P/2022 concerning Law Number 7 of 2020 Article 23 paragraph (4), and Constitutional Court Regulations Number 4 of 2012 concerning Procedures for Dismissing Constitutional Court Judges.
The research results show that the actions of the DPR and the President are unconstitutional regarding Law Number 7 of 2020 Article 23 paragraph (4) which reads "The dismissal of a Constitutional Judge is determined by Presidential Decree at the request of the Chairman of the Constitutional Court". Constitutional Court" whose authority to request the dismissal of a Constitutional Judge is by the Chairman of the Constitutional Court rather than the proposing institution, then Presidential Decree Number 114/p/2022 is unconstitutional in Constitutional Court Regulation Number 4 of 2012 concerning Procedures for Dismissing Judges from the Constitutional Court.

43/PMH/2024

43/PMH/2024

Perpustakaan FSH Lantai 4

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