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. Show more