Judicial Appointment of German Bundesverfassungsgericht: Lesson for Indonesia

DOI

10.2991/978-2-494069-65-7_14How to use a DOI?

Keywords

Appointment of Constitutional Court Justice; Independent Judiciary; Integrity of Justice

Abstract

The appointment of constitutional court justice is the main stage to creating qualified justices. Notably, Indonesia still faces plenty of problems within the Constitutional Court, including the lack of integrity since many codes of ethics are violated by the Justices. Meanwhile, many scholars agreed that the German Constitutional Court is one of the most prestigious and influential courts in the world. Therefore, the experiences of the German Constitutional Court are necessary to be studied. This research aims to evaluate the judicial appointment of constitutional court justice in Indonesia and Germany and formulate a better model of judicial appointment of justice of the Constitutional Court. The method used in this research was doctrinal legal research with the comparative and conceptual approach in order to seek lesson learned and to adopt a better model of appointment of constitutional court justice. This research concludes that there are some differences in the recruitment process of Constitutional Court Justice between Indonesia and Germany. The Germany experiences shows that the process is more comprehensive to select the Justice of the Constitutional Court because they have strict qualification for being a Justice, in terms of experience and education, and the most important is considering the reputation of the candidates a lot. In addition, the selection mechanism of justice in German also involves parliament which ensure transparency and accountability of the process. In contrast, Indonesia does not engage the parliament in every appointment to the Constitutional Court, including those made by the President and justices of the Supreme Court.

Copyright

© 2022 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  - Iwan Satriawan
AU  - Tanto Lailam
AU  - Farid Sufian Shuaib
AU  - Devi Seviyana
PY  - 2022
DA  - 2022/12/24
TI  - Judicial Appointment of German Bundesverfassungsgericht: Lesson for Indonesia
BT  - Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS 2022)
PB  - Atlantis Press
SP  - 138
EP  - 156
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-65-7_14
DO  - 10.2991/978-2-494069-65-7_14
ID  - Satriawan2022
ER  -