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All Journal Jurnal Konstitusi Hasanuddin Law Review Constitutional Review Jurnal Yudisial Jurnal Konstitusi Indonesia Law Review (ILREV)
Pan Mohamad Faiz
Judicial Assistant to the Chief Justice of Indonesian Constitutional Court
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Hasanuddin Law Review

 1 
A Critical Analysis of Judicial Appointment Process and Tenure of Constitutional Justice in Indonesia Faiz, Pan Mohamad
Hasanuddin Law Review VOLUME 2 ISSUE 2, AUGUST 2016
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (567.446 KB) | DOI: 10.20956/halrev.v1i2.301

Abstract

The judicial appointment process is one of essential elements for maintaining judicial independence and public confidence of a court. This article analyses the practices of judicial appointment process exercised by three different main state institutions in selecting constitutional justice in Indonesia where the mechanism and process for selecting them have been implemented differently. It also examines the tenure of constitutional justice, which is a five-year term and can be renewed for one term only, that may lead to another problem concerning the reselection process of incumbent constitutional justices for their second term. The article concludes that the judicial appointment process and tenure of constitutional justice in Indonesia have to be improved. It suggests that if the proposing state institutions could not meet the principles of transparency, participation, objective and accountable required by the Constitutional Court Law, the judicial appointment process should be conducted by creating an independent Selection Committee or establishing a cooperation with the Judicial Commission. Additionally, the tenure of constitutional justices should also be revised for a unrenewable term with a longer period of nine or twelve years.
Co-Authors Aminuddin Ilmar Collins, Josua Satria Eka Merdekawati Djafar, Eka Merdekawati Rahmatdi, Aris Redhani, Muhammad Erfa Sari, Sonia Sekar Winata, Muhammad Reza