Organizational Improvement of the Indonesian Constitutional Court: Reflections on Appointment, Supervision, and Dismissal of Justices
Abstract
Since its establishment in 2003, the
Constitutional Court of Indonesia (the CCI) has been playing an important role
in securing basic democratic order, the rule of law and fundamental rights
protection in Indonesia. Despite its achievements, however, the Indonesian
constitutional adjudication system also has raised public comments and
criticisms, due to deficiencies in the organizational system, including
appointment, supervision, and dismissal of constitutional justices. The
aim of this article is to evaluate the Court’s organizational system by finding
the problems and challenges faced by the Court. To give maximum
protection to the fundamental rights of citizens in Indonesia,
it is imperative that the CCI should improve its role and performance, while
the current organizational problems can be solved using a comparative study
with constitutional courts in other countries. The article proceeds to offer proposals for improving the
CCI’s organizational system, such as improving the justices’ appointment
system and strengthening the ethics supervisory system of justices.
Keywords: Organization; Appointment; Supervision; Dismissal; Constitutional Justice; Constitutional Court; Indonesia
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