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63 J.L. Pol'y & Globalization 178 (2017)
The Reinforcement Role and Function of the Judicial Commission (KY) in Constructing Clean and Impartial Judicature

handle is hein.journals/jawpglob63 and id is 180 raw text is: Journal of Law, Policy and Globalization wwwiuste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.63, 2017 The Reinforcement Role and Function of the Judicial Commission (KY) in Constructing Clean and Impartial Judicature Farid, S.H. M.H. M.Kn The Doctorate Program of the University Of Sultan Agung Islamic (Unisula ) Semarang, Central Java Province, Indonesia CHAPTER I FREFACE A. Background Based on The Constitution of 1945, the article. 24 the justice authorization peak to the Supreme Court is the independent authority from the influence of government authority, but in fact the justice authority independent practice is always influenced the goverment authority which is centered on President, especially the case which is concerning to the government interest. The government hegemony is so strong to the justice authorization performance that causes a princip Fair and impartial judiciary It is always fail in the fact. Dualism in founding of justice authorization where judicial is done by The Supreme Court and judicature administration founding is under the government ( departement of justice ) as an evident that has become one of main causes widely of goverment influence to the justice authorization performance. Since the reformation era, we clarify the principle of judge freedom independent in showing the justice authorization management in one roof under founding the Supreme Court. The condition of judiciary becomes one of points in (MPR) Indonesia Republic of People's Consultative Assembly discussion, it is needed a publishing People's Consultative Assembly (MPR) decision number: X/MPR/1998 about the point of constructing reformation in saving and normalization of national life as state direction. Many agendas begin to be concepted, such as separating between judiciary and executive function and fix separating function and authority of law upholder apparatus. For realization the case, there is an important change in the body of judiciary power through the laws number 35, 1999 about the change on the laws number 14, 1970 about the judiciary power. Similar to this case, appear an apprhensive that an independent of judiciary power is taken to conduct/ erase corruption practises, collusion and nepotism in the environment of judiciature in common that often happen. The agenda of eradication corruption, collusion and nepotism practises in the judiciature environment is assessesd so important because the judiciary image reaches the lowest trust level in the society. Forming of Corruption eradication comission (KPK) is one of responses from corruption eradication in judiciary, based on the law number 30, 2002 one of Corruption eradication Comission authority (KPK) is to investigate and presecute a corruption case that happens in judiciature. Because of several amendement to 1945' Constitution, so the laws number 35, 1999 about the change on the laws number 14, 1970 about the main point of the judiciary power, has adapted and changed many times, by legalizing the laws number 4, 2004 and the last laws number 48, 2009, about the justice power. One of six agendas of reformation that proposed is a law supreme maintenance, respecting the Human Rights (HAM), even corruption, collusion, and nepotism eradication. The demanding is as the form of society disillusion to practise of state conducting that is described by deviation, including in the proccess of judiciary conducting. Judicial Comission was born as a response from reformation idea that happened in 1998. The aspiration of laws maintenance and the laws system can only be built if the justice power performance can invite or interest public, because the agenda of independent judicature also develops an aspiration to run reformation to judges of the supreme court. For taking care the power of judge as implementer of justice power that has a freedom, on the third 1945 constitution amendment, formed a comission that called Judicial Comission (KY), it has authority to propose the candidate of supreme court judges and the other authority in taking care and maintenance the honor, majesty, prestige and behavior of judges as regulated in article 24 B, 1945 Constitution. The 1945 Constitution states that Indonesia is the constitutional state. In accordance, one of important principle in the constitutional state, there is a guarantee of justice power implementation that is freedom, free from other power effect to conduct judiciature in maintenance the law and justice. Judge has a relation to law or constutional state. Because the law will be built where there is court as a place to bring to justice and in a court has a judge who roles as an executor to a decision fairly. For this, it needs code of judge profession ethic, it is written regulation that must be done or guided by every Indonesia judges in running profession duty of a judge. The purpose of the judge profession ethical code is as a founding instrument and forming of judge character and supervision to judge behavior. Beside as the social control medium, preventive of judicial interference, and preventive of misunderstanding appearance and conflict between members and society. The purpose of ethical code is to give an assurance of judge morality increasing and functional independent for judges and grow the society trust to justice institution. 178