In a move aimed at enhancing the quality of the judicial system in Indonesia, the Indonesian Judges' Communication Forum (FSHA) has proposed changing the judge appointment system from a civil law framework to a common law framework. This proposal was presented during a public hearing with the legal affairs committee in the Indonesian parliament, where coordinator Sety Noor Laila emphasized that this change is based on the principle of meritocracy, which promotes professionalism and expertise in the legal field.
The proposal aims for judges to have at least five years of relevant legal experience before their appointment. Additionally, this new system allows the Judicial Commission (KY) to play a larger role as an independent body that enhances the quality and integrity of appointed judges.
Details of the Proposal
This step is part of a bill concerning the roles of judges, which seeks to improve the status of judges as government employees, enhance their independence, and increase their welfare. The bill also includes a proposal to amend the retirement age for judges, suggesting an increase to 67 years for judges in district courts, 70 years for appellate court judges, and 75 years for judges in the Supreme Court.
Sety Noor points out that this change could be a significant turning point in reforming the Supreme Court, as it aims to shift judges' loyalty from institutions to the state and justice. The proposal also includes a system of periodic evaluations every five years, ensuring that judges who pass the evaluation can continue working until retirement age.
Background & Context
Historically, the Indonesian judicial system has relied on a civil law system, which is based on written laws. However, the common law system, which relies on judicial precedents and community customs, has proven effective in many countries. This proposal reflects Indonesia's desire to modernize its judicial system to align with international standards.
This initiative comes at a sensitive time, as Indonesia faces significant challenges in the realm of justice, including issues of corruption and mismanagement. Therefore, improving the judge appointment system could help bolster citizens' trust in the judicial system.
Impact & Consequences
If this proposal is adopted, it could lead to an improvement in the quality of judges in Indonesia, positively reflecting on the judicial system as a whole. Additionally, enhancing professionalism and expertise among judges may contribute to reducing instances of corruption and promoting integrity in the courts.
Moreover, this change could encourage more experienced lawyers to apply for judicial positions, thereby enhancing the efficiency of the judicial system. The existence of a periodic evaluation system may also motivate judges to adhere to higher ethical and legal standards.
Regional Significance
This step is significant not only for Indonesia but could also serve as a model for Arab countries seeking to reform their judicial systems. Many Arab nations face similar challenges in promoting judicial independence and improving the quality of judges.
Arab countries could benefit from Indonesia's experiences in implementing an appointment system based on expertise and competence, which would contribute to enhancing citizens' trust in justice and reinforcing the rule of law.