The Digest: Journal of Jurisprudence and legisprudence
Vol. 5 No. 2 (2024): The Digest, December 2024

Progressive Law Dialectics: Statesmen’s Role as Constitution Guardians and the Independence of Indonesia's Constitutional Court

Endriyani Lestari (Unknown)
Fitria Damayanti (Unknown)
Uche Nnawulezi (Unknown)



Article Info

Publish Date
31 Dec 2024

Abstract

This study examines the filling of public offices with special criteria, as outlined in the constitution, which applies specifically to Constitutional Court judges. However, the term "statesman" is not explicitly defined in the criteria. Progressive law, de facto, emphasizes the substantive dimension of justice in the pursuit of upholding the right to justice and democracy. This paper explores the reconstruction of recruitment and external supervision of constitutional judges, focusing on the qualifications of statesmen from a progressive legal perspective. It also discusses the relevance of the progressive legal understanding of statesman qualifications to the independence of the Constitutional Court in Indonesia. The method employed in this research is normative juridical, conducted through literature review. The findings suggest that constitutional decisions and policies should be based on a justice dimension grounded in progressive law. The qualification of a statesman can be assessed through a track record of daily actions and relationships with the broader environment. By applying statesman qualifications to constitutional judges, it signals their capability and compatibility in ensuring the independence of institutions that prioritize justice in state governance and public administration.

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Journal Info

Abbrev

digest

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal is published in Bahasa and English, both print and online versions. The Digest is also intended to be an Indonesian and International forum for discussion and analysis of court decisions. Each issue of The Digest: Journal of Jurisprudence and Legisprudence includes insightful analysis ...