STATE AUXILIARY ORGANS

Subject : Constitutional Law

Submitted to : Iwan Satriawan, S. H., MCL
Prepared by : FE. Fikran Alfurqon
Fira Hardianti
Hafizd Swandaru Prabowo
Hanna Nur Afifah Yogar

UNIVERSITAS MUHAMMADIYAH YOGYAKARTA

FACULTY OF LAW
INTERNATIONAL PROGRAM FOR LAW AND SHARIAH (IPOLS)
2015
MATERIAL CONTENTS :

1.
2.
3.
4.

Explanation about State Auxiliary Organs

Judicial Commission
National Commission of Human Right Indonesia
Corruption Eradication Commission

STATE AUXILIARY ORGANS

JUDICIAL COMMISSION

a. Functions or powers of the Judicial Commission

In Article 24B paragraph (1) the results of changes in
the Third Act of 1945 stated that the commission is an
independent judicial authority to nominate justices and have
other powers in order to preserve and uphold the honor,
dignity,

and

the

behavior

of

judges.

With reference to the Article 24B paragraph (1) mentioned

above,

there

are

two

main

functions

of

the

Judicial

Commission granted by the 1945 Constitution, namely:

1.Propose

Supreme

Court

Justice

2. Maintaining, uphold the honor, dignity and conducts of

judges

Then the two functions of the Judicial Commission granted by the

1945 Constitution was adopted by law No. 22 of 2004 on the Judicial
Commission as the implementation of the mandate of the 1945
Constitution is contained in Article 13 of the Law No. 22, 2004. In
article 13 it is mentioned that the Judicial Commission has the
authority:
1.

Propose

appointment

of

Justice

to

Representatives;

the

House

of
and

2. Enforcing the honor and dignity as well as the behavior of judges

Here there are differences in terms that occurred between
1945 to Law No. 22 of 2004 on the Judicial Commission. The
difference lies in the term word retrieval functions and authority.
This Law 22, 2004 using the authority said without explaining it.
However, referring to the results of the Supreme Court stated that
the use of the term was the lack of proper function, which is
appropriate to use the term of authority, because authority says this
is usually defined as the rights of a person or an agency to be able
to carry out the task. Therefore, its appropriate to use the term
authority.

b.

The

Duties

of

Judicial

Commission

Article 14 paragraph (1) of Law No. 22 of 2004 on Judicial

Commission states that in order to run the authority of the Judicial
Commission as mentioned in article 13, the Judicial Commission has
the
1.

task:
Register

nominees

2.

To

selection

of

3.

candidates

for

justices

Establish

nominees

4. Asking nominees to Parliament

Meanwhile, in article 20 of Law No. 22, 2004 states that in

order to carry out the authority of the Judicial Commission as
mentioned in Article 13 letter b, of the Judicial Commission has the
task of monitoring the behavior of judges in order to uphold the
honor and dignity as well as behavior of judges. Then in article 21
also mentioned that for the sake of monitoring the implementation
of the Judicial Commission tasked to propose sanctions against the
leadership of the Supreme Court judges and or the Constitutional
Court.
Furthermore, in order to carry out the supervision referred to
in Article 20 of the Judicial Commission as mentioned in Article 22
paragraph

(1)

of

Law

No.

22,

2004,

has

the

task:

a. Receive reports from the public about the conduct of judges

b. Requesting periodic reports to the judicial authorities with regard
to the conduct of judges
b. Call and ask for information from judges who allegedly
violated the code of conduct of judges; and
c.
d.

Report

the

results

of

examination

in

the

form

of

recommendations to the Supreme Court or the Constitutional

Court, as well as actions submitted to the President and

Parliament.
And in carrying out the supervision referred to in Article 22
paragraph

(1),

the

Judicial

Commission

shall:

a. Abide by norms, laws, and regulations and legislation; and

b. Because maintaining the confidentiality of the information which
is confidential nature of the Judicial Commission obtained based on
its position as a member.

NATIONAL COMMISSION OF HUMAN RIGHT INDONESIA

KOMNAS HAM is an independent institute in Indonesia that has a

same position level with other state institutions to carry out the functions
of

the

study,

mediation

research,
to

extension,
issues

monitoring,
of

investigation

human

and

rights.

The commission was established by the Suharto regime through a

Presidential Decree of (No. 50 of 1993), shortly after United Nations
Commission on Human Rights resolution 1993/97 expressed grave
concern over allegations of serious human rights violations by the
government

of

Indonesia.

After the 1998 downfall of Suharto, the 1993 decree was superseded by
Law No. 39 of 1999 which set out the functions of Komnas HAM, and
provided for its funding, membership and powers. Following calls for

Komnas HAM to inquire into the 1984 Tanjung Priok massacre, the Human
Rights Law of 2000 (No. 26) gave it the power to investigate alleged
human rights abuses, if necessary by forming and investigative teams
bringing in outside expertise. It issued two reports on the 1984 killings. In
2008, it reopened an investigation into the 1998 Trisakti shootings in
which

four

students

died.

In 2008, Law No. 40 gave Komnas HAM additional responsibilities in the

prevention

of

racial

and

ethnic

discrimination.

In all of its work, Komnas HAM is required to have regard to human rights
defined in national legislation and in international instruments to which
Indonesia

is

party.

The purpose of KOMNAS HAM :

1) Assist the development of conducive conditions to the implementation

of human rights.

2)

Improve

the

protection

and

enforcement

of

human

Vision:
Realizing Protection and Enforcement of Human Rights for All
National Instrument:
UUD 1945 and its amendments;
Tap MPR No. XVII/MPR/1998;
UU No 39 Tahun 1999;
UU No 26 tahun 2000;

rights

KOMNAS HAM carry out four functions:

Studies and research functions

Cunseling Function
Monitoring functions
Mediation function

CORRUPTION ERADICATION COMMISION

The corruption eradication Commission Of Indonesia is the

State agency that

was

formed with

aim

of increasing effectiveness and

the

eradication

of corruption. KPK is independent

of criminal

acts

results of

the

efforts to the

and free from the influence of any power in the exercise of duties
and authority. The

Commission established pursuant to the

legislation of the Republic of Indonesia No. 30 of 2002 concerning

the criminal offence of corruption eradication Commission. In the
performance

of his

duties,

the KPK based upon five principles,

namely:
legal

certainty, openness, accountability, public

interest and proportionality. KPK is

deliver its

report publicly

responsible to

and regularly to

the

the

public and

President,

the

Parliament, and MR.

KPK is led by Chairman of KPK, consisting of five members, a
Chairman and four

members

and the Vice-Chairman

of

the remaining members. Head of KPK hold office for four years and

can be re-elected only once for a term of Office. In decision-making,

Chairman
2015,

of KPK collective collegial nature. In

led

by

Chairman

the

period 2011-

of KPK Abraham Samad,

along

with four Vice Chairmen, includingZulkarnaen, Bambang Widjojanto,

Busyro Muqoddas, and Adnan Pandu Praja.
In the Old Order, recorded two bodies formed the eradication
of corruption. The first, by the Law of State of Emergency, the
agency called Retooling of Administrative Committee (Paran). The
agency is led by A.H. Nasution and assisted by two members,
namely Professor M. Yamin and Ruslan Abdulgani. To Paran here all
officials should deliver data on the official form in the form fields
provided. Predictably, resistance models corrupt officials at the time
was reacted sharply on the pretext that the doctrine of judicial
accountability directly to the President, the form was not submitted
to Paran, but directly to the President. Imbued with political turmoil,
Paran ended tragically, deadlock, and finally handed back to the
Cabinet Juanda performance of its duties.
Functions and Duties
Anti-Corruption Commission has the task:
Coordination with institutions authorized to eradicate corruption.
Supervise institutions authorized to eradicate corruption.
Investigation, investigation, and prosecution of corruption.
Take measures to prevent corruption; and
To monitor the conduct of state government.

Legal basis of KPK:

a. Republic Act number 30 of 2002 on Corruption Eradication
Commission
b. Presidential Decree No. 73 Year 2003 on the Establishment of
the Candidate Selection Committee Chairman of the
Corruption Eradication Commission
c. PP No. 19 Year 2000 on the Joint Team Eradication of
Corruption