FROM CONSTITUTIONAL-COURT TO COURT OF CARTEL: A COMPARATIVE STUDY OF INDONESIA AND OTHER COUNTRIES

Abstract

This study investigates the role of the Constitutional Court in Indonesia and other countries, focusing on the legality and ethical oversight mechanisms in place. It addresses the critical question of the court's decision-making process, especially regarding ethical violations by judges and the mechanisms to prevent a cartel system within the judiciary. The study explores the contentious ruling by the Indonesian Constitutional Court on the age requirement for presidential and vice-presidential candidates and the potential conflicts of interest involved. Through a qualitative research approach, data from legal experts, judges, and secondary sources are analyzed to compare Indonesia's judicial ethics with those in Morocco. To maintain judicial integrity and independence, the findings highlight the importance of a comprehensive ethical supervision system, role of MKMK (Majelis Kehormatan Mahkamah Konstitusi) or honour court, diverse judicial composition and integration of shariah and constitutional principles. The study concludes with recommendations for enhancing the oversight of constitutional judges' decisions to uphold democratic principles and constitutional supremacy.