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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Aurillia Silmi Ayu Khoirunnisa
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Law, Crime, Criminology & Criminal Justice

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Constitutional Retrogression Dalam Pemilihan Hakim Konstitusi Usulan Dewan Perwakilan Rakyat Republik Indonesia Halim Rahmansah; Aurillia Silmi Ayu Khoirunnisa
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This article analyzes the phenomenon of constitutional retrogression in the election of judges of the Constitutional Court (MK) proposed by the House of Representatives of the Republic of Indonesia, especially in the case of the appointment of Adies Kadir. The main issues examined are how the threat of constitutional decline occurs and how the ideal model for the election of constitutional judges in Indonesia. This research uses normative juridical method with conceptual approach and legislation, and supported by comparative studies. The results showed that the selection process of constitutional judges who are not transparent, minimal public participation, and loaded with political interests have the potential to weaken the independence and impartiality of the Constitutional Court as the guardian of constitution. The practice reflects the symptoms of constitutional retrogression, namely the weakening of democratic principles and constitutionalism through formal mechanisms that appear to be legally valid (under the mask of law). To overcome these problems, this article offers a more ideal model of constitutional judge selection reform through an open, participatory, and accountable mechanism, by adopting best practices from South Korea. The proposed Model includes the formation of an independent selection committee, the establishment of concrete criteria for statehood, the implementation of a transparent public test, and the restriction of the authority of the proposing institution to select only candidates from open selection. This reform is expected to strengthen the independence of the Constitutional Court and maintain the continuity of democracy and the rule of law in Indonesia.
Co-Authors Halim Rahmansah