MEKANISME REKRUTMEN HAKIM MAHKAMAH KONSTITUSI REPUBLIK INDONESIA PASCA AMANDEMEN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

Abstract

The Constitutional Court was established after it does the third Amendment of the Constitution of the Republic of Indonesia in 1945 as the embodiment of institutional building of the State to ensure the existence of a mechanism of checks and balances with a view to the creation of Constitutional Government. For that the Constitution should be set concerning the composition of the Constitutional Court Judges proposed by the three State agencies that are intended to optimize the functions of the Constitutional Court as The Guardians of The Constitution. The formulation of the problems identified in this research are: 1) whether consideration of the MPR-RI in setting Article 24C paragraph (3) of the Amendment III to the Constitution of the Republic of Indonesia in 1945, 2) How the procedure of recruitment of judges of the Constitutional Court of the Republic of Indonesia. This type of research is the normative legal research is descriptive, and data sources used are primary data, secondary data and data engineering tertiary data library research. As for the results of this research are: 1) the composition of the constitutional Judges should be regulated in the Constitution so that each power represented by the same amount in order to put the base each decision meets the elements of philosophical, juridical and sociological institution of a third country who proposed the Constitutional Judges. 2) there is a difference in recruitment procedures of the constitutional Judges who conducted the third State agencies that address, at the stage of registration, the fit and proper test, until the meaning of public engagement in recruitment.

Keywords: Mechanism, Recruitment, The Judge Of The Constitutional Court