Reformulation of the Mechanism for Filling Constitutional Court Judge Positions by the House of Representatives, with an Emphasis on Strengthening the Principles of Transparency and Public Participation, in Accordance with the Law on the Constitutional Co

Abstract

The appointment of constitutional judges is a crucial aspect of safeguarding the independence of the judiciary, as stipulated in Article 24C of the 1945 Constitution of the Republic of Indonesia. The 1945 Constitution and the Constitutional Court Law require that the selection process for constitutional judges be conducted in an accountable, transparent, participatory, and objective manner. However, the mechanism for appointing constitutional judges by the House of Representatives (DPR RI) still has normative weaknesses because DPR RI Regulation No. 1 of 2020 has not yet detailed provisions regarding information transparency, public participation, and measurable evaluation criteria. This situation has the potential to lead to the dominance of political interests and weaken the merit system principle in the selection process. This study proposes a reformulation of the mechanism for the DPR RI to appoint Constitutional Court judges by strengthening the principles of transparency and public participation, including through open selection, publication of candidates’ track records, the involvement of the public and academics, and open eligibility assessments. This reformulation is expected to foster a more independent, objective, and integrity-driven selection process for constitutional judges, thereby strengthening the legitimacy and public trust in the Constitutional Court.