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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Lex Scientia Law Review
Septi Nur Wijayanti
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Law, Crime, Criminology & Criminal Justice

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An Evaluation of the Selection Mechanism of Constitutional Judges in Indonesia and South Korea Iwan Satriawan; Seokmin Lee; Septi Nur Wijayanti; Beni Hidayat
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This paper aims to evaluate the appointment process of Constitutional Court Judges in Indonesia. A guarantee of the judiciary independence is a foundation of a modern democratic state because a judge’s appointment depends on a selection process. Using normative and empirical legal study, the study shows that Indonesia does not have a standardized selection process among the proposing organs regarding assessment and procedure. The selection mechanism is decentralized. It relies on the proposing organs respectively. On the other hand, South Korea has a more standardized selection process, especially on confirmation hearings organized by the National Assembly. The Korean model, which emphasizes the National Assembly confirmation hearing, has strongly contributed to the selection process because it ensures transparency and accountability. The study suggests that Indonesia should seriously consider establishing a confirmation hearing system for justices like South Korea. A more transparent selection will reduce the number of corrupt public officials (justices). Unfortunately, the current Korean system also needs improvements. The suggestions include (1) separation of the ethical and professional competence evaluation phase, (2) extension of the confirmation hearing duration, (3) enhancing the requirement for witness attendance and submission of data, and (4) prohibition of the use of personal hearing data. DOI: https://doi.org/10.22304/pjih.v10n1.a7
Exploring the Feasibility of a Special Electoral Court to Achieve Electoral Justice Septi Nur Wijayanti; Putri Anggia; Kelik Iswandi; Aulia Khansa Nabila
Lex Scientia Law Review Vol. 10 No. 1 (2026): Legal Reform, Human Rights Protection, and Judicial Innovation in Contemporary
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v10i1.26985

Abstract

The increasing complexity and quantity of election disputes require a fairer, more transparent, independent, and quality settlement mechanism. Many Indonesian experts expressed support for the establishment of an electoral court because the existing dispute resolution mechanism lacked a sense of justice. Therefore, this study aims to address these problems through normative legal analysis using statutory and conceptual methods. To obtain comparative perspectives and relevant institutional models for the Indonesian context, we conducted a comparative study of electoral court practices in several Latin American countries. The results show that the debate surrounding the establishment of a special electoral court is seen as an initiative to promote fairness in resolving disputes. The Election Court provides legal certainty for justice seekers and eliminates the multi-institutional settlement of violations and conflicts. This is a strategic step to integrate dispute resolution that has been spread across various institutions (General Election Supervisory Agency, General Election Organizer Honorary Council, and Constitutional Court). The potential for this integration lies in enhancing the credibility of election results and minimizing authority overlap.  This article offers integrative design ideas in resolving election disputes. This will ensure that substantial electoral justice is achieved, rather than just procedural justice. Thus, the Election Court is not only a new judicial instrument but also a representation of paradigm transformation in realizing substantial electoral justice in Indonesia.
Co-Authors Aulia Khansa Nabila Beni Hidayat Iwan Satriawan Kelik Iswandi Putri Anggia Seokmin Lee