Published February 27, 2023 | Version v1
Journal article Open

Comparison Study of Indonesia and France Judicial Commission Model

  • 1. Department of Law, Faculty of Law, Social Science, and Political Science, Universitas Terbuka, Tangerang, Indonesia
  • 2. Department of Economic Education, Faculty of Economics, Universitas Negeri Semarang, Semarang, Indonesia

Description

The study aimed to examine the comparative study of the Indonesian State Judicial Commission and the French State Judicial Commission. In the analysis, the normative analysis method is used by observing inferior information because it emphasizes more on research from various legal books, journals and previous research literature. The results of this study are the Judicial Commission even though its position is supporting to the judicial authority body. The authority of the Judicial Commission in court is not as one who decides on a case but as an enforcement agency for ethical norms. In the field of judges, the Judicial Commission is not involved in terms of organization, personnel, administration and finance. Related to this, the Judicial Commission is different from those in European countries, for example France. The Judicial Commission in France (Conseil Superieur de la Magistrature or CSM) has authority in specific areas based on technical policies and policy-making on the judicial aspect. The French Judicial Commission as well as in Europe usually has authority regarding agency management, calculation and administration of justice including in carrying out advertisements, transfers, recruitment and distributing rewards to judges. The authority of the Supreme Court is an institution that carries out the functions of the judiciary and its duties are related to adjudicating and not dealing with matters related to the administration and organization of justice.

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