A Comparison Of Appointment Of Supreme Court Justices In Indonesia And Malaysia

Satriawan, Iwan and Shuaib, Farid Sufian and Lailam, Tanto and Rahman, Rofi Aulia and Seviyana, Devi (2022) A Comparison Of Appointment Of Supreme Court Justices In Indonesia And Malaysia. Journal of Indonesian Legal Studies, 7 (2). ISSN 2548-1584 (Print); 2548-1592 (Online)

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Abstract

The purpose of the study is to evaluate model of the appointment of Supreme Court justices in Indonesia and Malaysia and to find out a better model of judicial appointment in producing better quality of justices. By using normative and empirical research, it concludes that first, the appointment of Supreme Court justices in Indonesia uses two methods namely career paths and professional paths (non-career paths). This system is built after political reform where one of the agenda is the reform of law enforcement. While the appointment of justices in Malaysia demonstrates the dominance of executive power in the decision to appoint justices who finally appointed by the Yang Dipertuan Agong. Therefore, there is a pressure to make the process of appointing justices more transparent to produce more credible and independent justices. In 2009, the Judicial Appointments Commission was established in Malaysia to ensure unbiased selection of judicial candidates for the consideration of the Prime Minister. Second, the requirements for selecting Supreme Court justices in Indonesia are more detailed and longer process than in Malaysia because the process of selecting Supreme Court justices is done by the Judicial Commission and there is confirmation hearings process in the House of Representative. In fact, the selection process affects the independence, impartiality, and integrity of the Supreme Court justices. Although Malaysia does not have any judicially determined cases on the lack of integrity of Supreme Court Justices, there were allegations of impropriety.

Item Type:	Article
Uncontrolled Keywords:	Judicial Appointment, Qualification of Candidate, Selection Mechanism
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	ROFI AULIA RAHMAN
Date Deposited:	17 Jan 2023 10:41
Last Modified:	17 May 2023 04:25
URI:	http://repository.ubaya.ac.id/id/eprint/43136

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