Implication of Selection Mechanism Towards Integrity and Independency of Constitutional Court Judges in Indonesia

Abstract

Cases of bribery and violations of the code of ethics that occur in the constitutional court justices raise serious questions about the quality of the independence and integrity of the Constitutional Court which have an impact on decreasing public trust in the Constitutional Court. The research aims to study the root causes of problems that occur to the Constitutional Court and specifically evaluate the selection mechanism for the appointment of constitutional court justices in Indonesia and what are the implications for the independence and integrity of constitutional court justices. This study also aims to provide recommendations for a better, more transparent and accountable selection mechanism model in the selection of Constitutional Court Justices in order to produce justices who are more independent and with integrity. The research method used is normative-empirical, with data collection techniques through interviews and literature study. The results of the study indicate that there is a significant correlation between the selection mechanism for constitutional court justices and the quality of the constitutional court justices produced from the mechanism. With a good and transparent process, justices with integrity and independence will be born. In addition, the competence of judges affects the performance of the constitutional judges themselves. The study also concluded that the selection mechanism for constitutional judges which tends to be closed and unaccountable will produce constitutional court justices who do not have integrity and are not independent.