JUDICIAL ACTIVISM OF THE CONSTITUTIONAL COURT REGARDING RULING NUMBER 6/PUU-XXII/2024 IN THE PERSPECTIVE OF LEGAL REALISM PHILOSOPHY



Garpy, Pyvico Fadera (2025) JUDICIAL ACTIVISM OF THE CONSTITUTIONAL COURT REGARDING RULING NUMBER 6/PUU-XXII/2024 IN THE PERSPECTIVE OF LEGAL REALISM PHILOSOPHY. Undergraduate thesis, Universitas Muhammadiyah Jember.

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Official URL: https://jurnal.usk.ac.id/SKLJ/article/view/42050

Abstract

This research focuses on judicial activism by the Constitutional Court,
specifically in Decision Number 6/PUU-XXII/2024, examined through the lens
of the legal realism philosophy. The study analyzes the Constitutional Court's
function in expanding legal interpretation to uphold the independence of law
enforcement institutions in Indonesia, particularly concerning the neutralization
of the Attorney General from political affiliations. The decision stipulates that
the Attorney General must not hold a position within a political party or, at a
minimum, must have resigned from party membership for five years prior to
nomination. This aims to minimize potential conflicts of interest. This aligns
with the legal realism approach, which emphasizes the importance of law being
responsive to social and political dynamics to achieve a balance of power within
the governance system. The decision is not only intended to protect the integrity
and professionalism of the Prosecutor’s Office but also to maintain public trust in
fair and independent law enforcement.

Contribution
Nama Dosen Pembimbing
NIDN/NIDK
Dosen Pembimbing
Suryono, Ahmad
NIDN0724058105

Item Type: Thesis (Undergraduate)
Keywords/Kata Kunci: Judicial Activism, Constitutional Court, Prosecutor's Independence, Attorney General's Neutrality,Legal Realism
Subjects: 300 Social Science > 340 Law > 342 Constitutional and Administrative Law
Divisions: Faculty of Law > Department of Law Science (S1)
Depositing User: PYVICO FADERA GARPY | Pyvicofadera@gmail.com
Date Deposited: 19 Feb 2025 01:15
Last Modified: 19 Feb 2025 01:15
URI: http://repository.unmuhjember.ac.id/id/eprint/24162

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