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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Hukum PRO JUSTITIA Syiar Hukum: Jurnal Ilmu Hukum Sriwijaya Law Review Anterior Jurnal Journal La Sociale Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) BHIRAWA LAW JOURNAL Journal of Legal and Cultural Analytics (JLCA) JAPI: Jurnal Akses Pengabdian Indonesia Bandung Conference Series: Law Studies MIMBAR : Jurnal Sosial dan Pembangunan Sinergi International Journal of Law Indonesian Journal of Humanities and Social Sciences
Efik Yusdiansyah
Fakultas Hukum Universitas Islam Bandung
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Journal : Journal of Legal and Cultural Analytics (JLCA)

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The Model of Appointing Judges of the Constitutional Court in a Constitutional Democracy Prastiwi, Dian Eka; Yusdiansyah, Efik
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9381

Abstract

The very existence of the Constitutional Court is interpreted as a constitutional tribunal, which then becomes a new branch of power included in the judicial power. The model for appointing judges to the Constitutional Court may affect the independence and impartiality of the judiciary. In order to implement changes and improvements in the appointment of judges in Indonesia, we need to look at the model of appointment of constitutional judges in other countries. The aim of this research is to analyse the model of constitutional judges' appointment in Indonesia and compare it with the models of constitutional judges' appointment in other countries. The research method used is normative legal research by examining primary and secondary legal materials related to the appointment of constitutional judges. The research results show that there are several models of constitutional judge appointments in different countries, namely models involving the executive and legislative branches, models involving only the legislative branch, models involving all three branches of government, and models conducted by special institutions. Indonesia itself uses a model involving all three branches of government. This research also compares the system for appointing constitutional judges in Indonesia with other countries such as Germany, Austria and South Korea. The conclusion of this research is that the mechanism for appointing constitutional judges must be carried out in a transparent, independent and accountable manner in order to guarantee the independence of the Constitutional Court.
Co-Authors A. Harits Nu'man Abdul Hadi Abidin, Muhammad Ilman Ahmad Faizal Adha Ali Firman, Chepi Arinto Nurcahyono Aris Rismawan Bambang Santoso Barawaja Dadang Darusman, Yoyon Dey Ravena Dini Dewi Heniarti Fabian Fadhly Jambak Fazky Muhammad Hasa Fitri Wahyuni Jejen Hendar Muhammad Mahendra Maskhur Sinaga Neni Ruhaeni Prastiwi, Dian Eka Pratiwi, Hasya Fazni Ratna Januarita Rini Irianti Sundary Rizki Gunardhi Rusli K. Iskandar Setiawati, Suci Sri Ratna Suminar Tatty A Ramli Titi Sutiamah Yeti Sumiyati