Independence of Constitutional Judges in Realizing Justice Decisions

DOI

10.2991/978-2-38476-110-4_123How to use a DOI?

Keywords

Constitutional Court; Judge Recruitment; Independence; Equitable Decisions

Abstract

The Constitutional Court was formed with the aim of functioning as an institution that is authorized to interpret the Constitution, resolve disputes between state institutions whose source of authority is from the constitution and make decisions regarding the dismissal of the President and/or Vice President. This study aims to analyze and discover the current recruitment mechanism for Constitutional Justices of the Republic of Indonesia; Designing the reconstruction of the recruitment of Constitutional Court Judges which reflects the independence of Constitutional Justices in Indonesia; and Analyzing and finding the independence of constitutional judges which have reflected fair decisions in Indonesia. This research is a type of normative legal research using a statute approach.Based on the analysis and elaboration of the independence of Constitutional Justices in Indonesia, the conclusions in this study are as follows: First, the recruitment principle becomes a benchmark in the selection of prospective constitutional judges conducted by each of the relevant state institutions. This causes the independence of the Constitutional Court Judges in holding their mandates and positions because they are loaded with political possibilities. Second, based on the results of the research, the researcher concludes that currently there is a need for reconstruction of the recruitment of Constitutional Court Judges which reflects the independence of Constitutional Justices in Indonesia only through the Supreme Court. The Constitutional Court is one of the perpetrators of Judicial power that is equal to the Supreme Court, and also parallel to other state institutions that hold executive and legislative powers. Third, the existence of political intervention in the Constitutional Court can be seen from the differences of opinion or views of constitutional judges on a problem. Differences in the views of constitutional judges are caused because each judge wants to show his contribution in every decision-making and because of different political choices.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Nirmala Sari
PY  - 2023
DA  - 2023/11/07
TI  - Independence of Constitutional Judges in Realizing Justice Decisions
BT  - Proceedings of the 4th Green Development International Conference (GDIC 2022)
PB  - Atlantis Press
SP  - 1233
EP  - 1238
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-110-4_123
DO  - 10.2991/978-2-38476-110-4_123
ID  - Sari2023
ER  -