Pemberhentian Hakim Mahkamah Konstitusi Oleh Dewan Perwakilan Rakyat Dalam Perspektif Trias Politica Montesquieu

Abstract

The House of Representatives is not authorized to remove judges, as it falls outside the scope of their duties which includes legislation, budgeting and supervision. According to Montesquieu's Trias Politica theory - where power is divided into three branches consisting of the legislative branch responsible for creating laws; executive branch tasked with enforcing them; and judiciary acting as a watchdog over these laws - checks and balances emerged from this separation. These powers help maintain independence in countries through shared responsibilities rather than centralizing authority under one leader. Removing Constitutional Judges goes against Indonesia's 1945 Constitution Article 24 Paragraph 1 that mandates judicial independence so they can enforce law justly.

Although three names proposed by the House were accepted by President, they cannot dismiss judges at will since their role was nominating candidates instead appointing or dismissing them like what happened when Judge Aswanto was removed recently . This research relies on qualitative methods using legal materials such statutory regulations along with supplementary books or articles analyzed thoroughly beforehand