Dampak Pelanggaran Kode Etik Oleh Hakim Mahkamah Konstitusi dalam Putusan MK Nomor 90/Puu-Xxi/2023 terhadap Keadilan dan Kepercayaan Publik

RABAWATI, Dwityas Witarti (2025) Dampak Pelanggaran Kode Etik Oleh Hakim Mahkamah Konstitusi dalam Putusan MK Nomor 90/Puu-Xxi/2023 terhadap Keadilan dan Kepercayaan Publik. Jurnal Penelitian Ilmiah Multidisiplin, 9 (1). pp. 66-73. ISSN 2118-7451

Text DAMPAK PELANGGARAN KODE ETIK OLEH HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN MK NOMOR 90PUU-XXI2023 TERHADAP KEADILAN DAN KEPERCAYAAN PUBLIK.pdf Restricted to Repository staff only Download (149kB)

Abstract

The Constitutional Court (MK) as a state institution that has a strategic role in the Indonesian constitutional system, is required to uphold the integrity and professionalism of constitutional judges. The code of ethics for constitutional judges is a moral and behavioral guideline that must be obeyed. However, in its journey, the Constitutional Court has not escaped controversy, one of which is the Constitutional Court Decision Number 90/PUU-XXI/2023 which allegedly violates the code of ethics. This research uses a normative research method with a statutory approach and a case approach. The results of the analysis show that constitutional judges are alleged to have violated the principles in The Bangalore Principles of Judicial Conduct 2002 and Sapta Karsa Hutama, such as the principles of impartiality, integrity, competence and equality, independence, and propriety and decency. The impact of these violations is the imposition of sanctions, such as dismissal from the position of Chief Justice of the Constitutional Court, prohibition of involvement in handling cases that have the potential for conflict of interest, and collective verbal reprimands. Legally, violations committed by constitutional judges can be categorized as violations of Law No. 28 of 1999 concerning State Administration that is Clean and Free from Corruption Collusion Nepotism. To prevent the recurrence of similar cases in the future, it is necessary to strengthen the code of ethics and code of conduct for judges, increase transparency and accountability, and improve the internal supervision mechanism of the Constitutional Court

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