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All Journal Jurnal Hukum Progresif PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Septi Nur Wijayanti
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Law, Crime, Criminology & Criminal Justice

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THE IMPLEMENTATION OF SIYASAH SYAR’IYAH PRINCIPLES IN THE CONSTITUTIONAL COURT DECISION REGARDING TO THE SIMULTANEOUS ELECTION 2019 Nanik Prasetyoningsih; Septi Nur Wijayanti; Anang Syaroni; Tanto Lailam
Jurnal Hukum Progresif Vol 7, No 2 (2019): Volume: 7/Nomor2/Oktober/2019
Publisher : Doctor of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (164.836 KB) | DOI: 10.14710/hp.7.2.108-128

Abstract

This study aims to examine the Constitutional Court's Decision which carries out General Elections simultaneously from the Syiyasah Syar'iyah perspective, especially on the principle of justice. This research is a doctrinal research and uses two approaches namely the statutory approach and the concept approach. Based on Syiyasah Syar'iyah's perspective, the decision of the Constitutional Court is fair for political parties participating in elections for people who are willing to become candidates/vice presidents, and for people who want to test their electability. This decision also aims to reduce the number of non-voter groups. The Constitutional Court's decision also contains the principle of unity and alliance, because it aims to stop the practical political interests that lead to the collapse of unity.
An Evaluation of the Selection Mechanism of Constitutional Judges in Indonesia and South Korea Iwan Satriawan; Seokmin Lee; Septi Nur Wijayanti; Beni Hidayat
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 1 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This paper aims to evaluate the appointment process of Constitutional Court Judges in Indonesia. A guarantee of the judiciary independence is a foundation of a modern democratic state because a judge’s appointment depends on a selection process. Using normative and empirical legal study, the study shows that Indonesia does not have a standardized selection process among the proposing organs regarding assessment and procedure. The selection mechanism is decentralized. It relies on the proposing organs respectively. On the other hand, South Korea has a more standardized selection process, especially on confirmation hearings organized by the National Assembly. The Korean model, which emphasizes the National Assembly confirmation hearing, has strongly contributed to the selection process because it ensures transparency and accountability. The study suggests that Indonesia should seriously consider establishing a confirmation hearing system for justices like South Korea. A more transparent selection will reduce the number of corrupt public officials (justices). Unfortunately, the current Korean system also needs improvements. The suggestions include (1) separation of the ethical and professional competence evaluation phase, (2) extension of the confirmation hearing duration, (3) enhancing the requirement for witness attendance and submission of data, and (4) prohibition of the use of personal hearing data. DOI: https://doi.org/10.22304/pjih.v10n1.a7
Co-Authors Anang Syaroni Beni Hidayat Iwan Satriawan Nanik Prasetyoningsih Seokmin Lee Tanto Lailam