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4 Lentera Hukum 1 (2017)

handle is hein.journals/lenth4 and id is 1 raw text is: 


Lentera Huhum, Volume 4 Issue 1 (2017), pp. 1-18
ISSN 2355-4673
https://doi.org/10.19184/ ejlh.v4i1.5267
Published by the University of Jember, Indonesia
Available online 22 April 2017




Rekonseptualisasi Seleksi Hakim Konstitusi sebagai Upaya

Mewujudkan H akim Konstitusi yang Berkualifikasi


Indramayu
University  of Jember, Indonesia
Indramayu.fh@gmai.com


Jayus
University  of Jember, Indonesia
dr.jayus56.fh@unej.ac.id

Rosita  Indrayati
University  of Jember, Indonesia
rosita.indrayati@yahoo.com

ABSTRACT
Integrity, good character, justice, and expert statesman of the constitution as the indicators to appoint
Constitutional Judge should be taken into account by the Supreme Court, the House, and the President
in the selection process. The cases of corruption named Akil Mochtar and Patrialis Akbar as the
convicted and the suspected persons respectively should be regarded as an appropriate opportunity to
evaluate law relating to the Constitutional Judges selection process in which it is not clearly defined in
the Constitutional Court Act. To date, the law relating to selection is given to respective institutions
where the Supreme Court takes the selection internally with no transparency, the House only requires to
write and present article, and in some cases the President prefers to appoint with no adequate
criteria. The article uses doctrinal research in addressing the case related to the current regulation on
constitutional judge selection. It concludes that the Supreme Court, the House and the President ignore
the principles of transparency, participatory, objectivity, and accountability in the selection, including
the possibility of resulting unqualified judge. The selection needs reconceptualization comprising the
establishment of expert panel, unaffiliated candidate to a political party, and reconcept of selection
mechanism.

KEYWORDS: Reconceptualization,   Selection, Constitutional Judge.


n                ;Copyright   © 2017 by Author(s)
               CCThis work is licensed   under  a Creative Commons  Attribution-ShareAlike 4.0
                    International License. All writings published in this journal are personal views
of the authors and do not represent the views of this journal and the author's affiliated institutions.


  HOW   TO  CITE:
  Indramayu,Jayus & Rosita Indrayati. Rekonseptualisasi   Seleksi Hakim Konstitusi sebagai
  Upaya Mewujudkan   Hakim Konstitusi yang Berkualitas (2017) 4:1 Lentera Hukum  1-18.


Submitted: August 24, 2017 Revised: August 24, 2017 Accepted: October 12, 2017

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