The Politicization of Supreme Court Justice Appointments in Indonesia
摘要
A person who serves as a Supreme Court Justice shall have a role as the highest authority in law enforcement of the Country. It means that they shall be a person who has the most integrity, capacity, and experience in the law area. Procedures for the selection of Supreme Court Justice in Indonesia have undergone several changes. The establishment of the Judicial Commission of the Republic of Indonesia marked a significant effect through the selection process. This research aims to identify how Indonesia, as a country, conducts a judicial appointment through a cooperative appointment. The duality of power between the Judicial Commission, as the representative of judicial power, and the House of Representatives, as the legislative power, shows that there are different ideals for the characteristics of a Supreme Court Justice. Anomalies in the implementation of the selection could be seen in several social phenomena that appeared. This research used a qualitative approach. Data was collected with interviews and observations. Interviews yield rich insights into experiences, opinions, some social values, aspirations, attitudes, and feelings. The informants interviewed were the officials of the two bodies who had taken purposively as many as seven people representing the research framework. The research results show the existence of a strong relationship between law and politics. Various phenomena due to the selection process provide a conclusion that the selection system for the Supreme Court Justice in Indonesia needs to be evaluated continuously and refined to remain in line with the principle of the rule of law and constitutional democracy. Collaboration between the two bodies must be directed towards a balance between political legitimacy and judicial independence.