STUDI PERBANDINGAN KELEMBAGAAN NEGARA ANTARA INDONESIA DENGAN THALAND (PERBANDINGAN KOMISI YUDISIAL DENGAN JUDICIAL COMMISSION) DALAM RANGKA MEMPERKUAT KOMISI YUDISIAL DI INDONESIA

Abstract

The Judicial Commission is an organ of a State institution within the scope of judicial power, but the
Judicial Commission is not an institution or organ that carries out judicial power such as the Constitutional
Court and the Supreme Court. In the constitutional law, the term comparative law with the term
Comporative method (comparison) is to compare two objects or more investigations namely similarities and
differences that show the true nature of the two objects being compared. By comparing the constitutions of
each country and in the context of looking for universal values regarding KY, and to find similarities or
differences as ingredients for comparison, this is expected to be able to contribute to the existence of KY in
the constitutional system in Indonesia.
The purpose of this thesis is; first, to know the General Principles in Comparison of Judicial
Commission in Indonesia with the Judicial Commission in Thailand. Second, to find out the comparison of
the Judicial Commission in Indonesia with the Judicial Commission in Thailand, in order to strengthen the
Judicial Commission in Indonesia. The type of research that the author uses is the type of Normative legal
research, the type of Normative Legal Research is a study that discusses the principles of law, legal
systematics, the extent of legal synchronization, legal history and legal comparison. The theoretical basis
used is the theory of the rule of law, the theory of state institutions, the theory of the limitation of power.
From the results of the study, the two main things that can be concluded Judicial Commission is the
first, a State institution formed based on a constitution whose arrangements are within the judicial power
regulation. KY provisions are regulated in article 24B paragraph (1) of the 1945 Constitution. Second, the
basis of the arrangement between the Indonesian Judicial Commission and the Thai Judicial Commission
are both located within the Constitution of each State and located within the judicial institution.
Based on this, Indonesia should involve KY in the formation of an ethics council. In order for the
judicial commission to carry out the mandate mandate as stipulated in article 24B of the 1945 Constitution,
it states that KY is independent, and has the authority to maintain and uphold the honor, dignity, and
behavior of judges.
Keywords: State institutions, judicial power, Judicial Commission.