AN EVALUATION OF THE SELECTION MECHANISM OF CONSTITUTIONAL JUDGES IN INDONESIA AND SOUTH KOREA

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.