Indeed, the selection process affects the independence, impartiality and integrity of Supreme Court judges. Can the current qualifications and selection mechanism of Supreme Court judges in the states ensure the functioning of the judiciary as an independent institution capable of upholding justice and implementing a mechanism of checks and balances. Based on the results of the assessment of the implementation of legal practice, an ideal political model for the appointment of supreme judges will be created.
That Indonesia and Malaysia still need several basic requirements to ensure the integrity and independence of the Judges. Abraham, Justices, Presidents and Senators: A History of US Supreme Court Appointments from Washington to Bush II (Maryland: Rowman & Littlefield Publishers, 2007), 40.
Qualifications of Candidates
The requirement to be obedient to God Almighty to the Supreme Court is a multifaceted requirement in the state of Indonesia as a religious nation-state that in practice does not distinguish values, principles, norms/rules and attitudes that are not rooted in religion. and the existence of the state. The requirement to be obedient to God Almighty to the Supreme Court is a multifaceted requirement in the state of Indonesia as a religious nation-state, which in practice does not distinguish values, principles, norms/rules and attitudes that are not rooted in religion and the existence of the state. Siti Nurjannah43, a member of the Judicial Commission, states that having a doctorate would affect judges' confidence in handling cases.
Budi Suhariyanto44, researcher in Research and Development, the Supreme Court highlights that after the political reform, the Supreme Court uses a chamber system, which means that the judges will be put in the chamber, which is in accordance with their expertise or specialization. The judiciary can be justified as independent if it meets the 3 (three) following criteria, namely institutionally independent, independent of the judicial process and independent of the courts.45 In the context of the judiciary in Indonesia, the benchmark of judicial independence from an institutional perspective is independent. With reference to the standards in Article 24, paragraph 1, of the 1945 constitution, which affirms the independence of the judiciary.
The criterion of independence is based on several parameters, including the fact that the judiciary in Indonesia is no longer dependent on other institutions, which means that the institutions of the judiciary in Indonesia can independently govern and manage their institutions. The last criterion for evaluating the independence of the judiciary is the quality of the judges themselves. The fundamental problem is therefore not the institution or the justice system, but the individual and the quality of the judges.
Therefore, it is crucial to criticize the current recruitment process in order to find the best formula to obtain the best and qualified judges to strengthen the role of the judiciary in the implementation of the rule of law.
Selection Process …
The involvement of the Judicial Commission in the selection process has made a better process of selecting judges of the Supreme Court. Aidul Fitriciada, former commissioner of the Judicial Commission, states that the selection of judges in the Judicial Commission and DPR is open and therefore better than the previous mechanism before the political reform.50 The new model of the Supreme Court. The Administrative Selection aims to assess the completeness and adequacy of the administrative files of the candidates for Supreme Court judges based on the predetermined administrative requirements.
Administrative requirements are established on the results of the investigation through a plenary meeting, a meeting attended by members of the Judicial Commission, which is an instrument for the Judicial Commission to make decisions regarding the selection of candidates for judge in the Supreme Court. The quality process will be carried out no later than twenty (twenty) days after the announcement of the Administrative Selection. If we observe the selection process of the Judicial Commission, it could highlight that the formulation of the selection mechanism is quite good in terms of assessing and tracking the candidates, because the Judicial Commission has set the standard for the selection mechanism of judges.
In the future, the selection mechanism of Supreme Court judges needs to be slightly reformed. 51 Interview with Septiani and Abdul Mukti, staff of the Judicial Commission of the Republic of Indonesia for the Recruitment of Supreme Court Judges, 2 May 2021. The Judicial Commission went through a rigorous phase in the recruitment of candidates, even though the list of shortlisted candidates proposed by the Judicial Commission is sometimes rejected the House of Representatives, which is more political.
In relation to this matter, the Judicial Commission should assess the quality of the tracking and evaluation of judges and at the same time.
Major Cases in Indonesia
Why the assessment of selection in the judicial commission could not detect the character and conduct of justice in the selection process. The arrests of Supreme Court judges for alleged bribery have damaged the integrity of the country's highest court. The Corruption Eradication Commission (KPK) detained Supreme Court Judge Gazalba Saleh for alleged involvement in a bribe after the arrest of Civil Chamber Judge Sudrajad Dimyati in September in an alleged bribery to secure a positive ruling.55 Detail of the judge's violation in the Supreme Court of Indonesia as shown in Table 1.
These cases and data showed that there are still Supreme Court judges who are dealing with every violation of law and ethics. It means that the Judicial Commission still has the responsibility to improve the quality of the selection of judges. 55 The Jakarta Post, "Supreme Court Justices' Graft Arrests Undermine Judicial Integrity, Experts Say," The Jakarta Post, accessed December 15, 2022, https://www.thejakartapost.com/paper supreme-court-justices-bribery - arrest -mar-judicial-integrity-experts.html.
Qualifications & Selection Process
In Malaysia, it is also found that the requirements to be a Supreme Court judge are also good. The requirements for a superior court judge are first set out in Article 123 of the Federal Constitution. The above requirements are close in nature to the Indonesian requirement to be Supreme Court judges.
The same question also applies to this point, how good is the selection mechanism of Supreme Court Judges in Malaysia and whether the selection mechanism can produce qualified judges. Therefore, the quality of the judicial selection mechanism would affect the independence and integrity of the judiciary. The problem of judicial appointment in Indonesia and Malaysia aptly illustrates that the appointment process is always marked by attempts to dominate the appointment by the executive, as there are many conflicts between institutions and cases involving government agencies leading to the highest executive itself. .
Therefore, it is very important how to build a better model for the appointment of judges that ensures the independence and competence of Supreme Court judges. Although in the case of Indonesia, the selection mechanism of Supreme Court judges is now much better, Aidul Fitricida notes that there are still some weaknesses, as the selection mechanism does not have specific tools to check the quality of training, and it is also not easy to find candidates with the necessary special qualifications.61 In Malaysia some argue that membership of the Judicial Appointments Commission is largely limited to members of the judiciary and thus remains limited in their view. Therefore, it may be necessary to consider expanding the membership of the commission to appoint judges from other parts of the community.
Major Cases in Malaysia
In order to create an ideal model for the appointment of Supreme Court judges, a comprehensive comparative study is needed to determine the strengths and weaknesses of the model for the appointment of judges in a more established country with a tradition of a progressive, independent and impartial judiciary. .64 This research conducted a comparative study on the judicial selection mechanism and its impact on judicial independence in Indonesia and Malaysia. Indonesia and Malaysia represent "emerging democracies" that are almost similar in character, although they inherited different legal traditions.
Similarities
Differences
To assess the qualification, both the Judicial Commission and the Judicial Appointments Commission conduct aptitude tests. Thus, junior judges, public and private lawyers and law professors could be candidates. Fourth, in terms of the appointing body, the candidates for Supreme Court Justices of Indonesia are inaugurated by the President as the Head of State.
There have been no cases related to the integrity of justice in Malaysia, while there are several cases in Indonesia. Although Malaysia has no judicially established cases of lack of integrity among Supreme Court judges, there have been allegations of impropriety, unlike Indonesia, which has several cases.
Implications of the Selection System on Judicial Independence 668
The cases that have occurred in Indonesia show that the integrity of the judges is another agenda that must be overcome by the Judiciary Committee and the House of Representatives. Following the amendment of the 1945 Constitution, Indonesia formulated the involvement of a Judicial Commission with the authority to independently conduct the selection process of Supreme Court judges. Malaysia has also established a Judicial Appointments Committee, which plays an important role in selecting the candidates.
However, the impact of the emergence of the Judicial Commission in both countries still needs to be seriously evaluated as to how far the selection mechanism is effective in producing judges with integrity. Justices, Presidents, and Senators: A History of US Supreme Court Appointments from Washington to Bush II. Political Effects on Justice in Indonesia: A Case Study of the Suharto Era International Journal of Multicultural and Multireligious Understanding 7, no.
The Establishment of the Judicial Appointments Commission in Malaysia to Improve the Constitutional Method of Appointing High Court Judges: A Critical Study.” Commonwealth Law Bulletin 41, no. Rulemaking through the Judiciary: The Challenges of Increasing the Authority of the Constitutional Court and the Supreme Court". Interview with Septiani and Abdul Mukti, Staff of the Judicial Commission of the Republic of Indonesia on the recruitment of Supreme Court Judges cases, May 2, 2021.
Safeguarding Judicial Independence through the Appointments Process: A Review of the Indian and South African Experiences.” Indian Law Review 1, no.
