Dismissal of Constitutional Judges on the Proposal of The House of Representatives During the Term of Office

Abstract

One of the most important things that needs to be regulated in formulating the substance of the independence of judicial power is the mechanism for dismissing judges. Normatively, the mechanism for dismissing constitutional judges is regulated in Article 23 of Law 7/2020. Based on this provision, the dismissal of constitutional judges is carried out through the internal mechanism of the Constitutional Court (MK). However, in 2022 Constitutional Judge Aswanto was dismissed during the term of office on the proposal of the House of Representatives (DPR) without going through the mechanism mandated in Article 23 of Law 7/2020. Therefore, this article aims to explain the mechanism of dismissal of constitutional judges on the proposal of the House of Representatives (DPR) in a term of office by comparing it with several other countries. The method used in this research is normative juridical. Based on the analysis conducted, it can be concluded that the dismissal of constitutional judges on the proposal of the House of Representatives during their term of office is not in accordance with the principles of independence of judicial power and checks and balances.