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PROBLEMATIKA REKRUTMEN HAKIM MAHKAMAH KONSTITUSI PADA PASAL 20 UNDANG UNDANG NOMOR 7 TAHUN 2020
This study examines the issues surrounding the recruitment of Constitutional Court justices under Article 20 of Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 on the Constitutional Court. This provision delegates the procedures for the selection, nomination, and appointment of constitutional justices to each nominating institution, namely the President, the House of Representatives, and the Supreme Court, through different delegated regulations. Such fragmented arrangements have created disparities in selection mechanisms among institutions, particularly in terms of procedures, transparency, and the implementation of merit-based principles. This condition has the potential to create legal uncertainty, open room for subjectivity, and increase the possibility of political intervention in the recruitment process. Consequently, it affects the independence, professionalism, and legitimacy of the Constitutional Court as the guardian of the Constitution. This study aims to analyze the recruitment of Constitutional Court justices under Article 20 of Law Number 7 of 2020 from the perspective of legal certainty in siyāsah dusturiyah and judicial merit selection theory, as well as to examine the significance and ideal concept of regulating the recruitment of Constitutional Court justices in Indonesia. This research is normative legal research employing statutory, conceptual, and case approaches. Primary legal materials consist of the Constitutional Court Law and regulations concerning the procedures for selecting constitutional justices by the President, the House of Representatives, and the Supreme Court. Secondary legal materials were obtained from relevant literature, journals, and prior research. The findings reveal that the absence of national procedural standards in the recruitment mechanism of Constitutional Court justices has resulted in regulatory fragmentation and inconsistency in the implementation of merit-based selection principles. From the perspective of siyāsah dusturiyah, this condition does not fully satisfy the principle of legal certainty, as it creates broad discretionary powers without uniform normative limitations. From the perspective of judicial merit selection, the existing mechanism does not fully ensure an objective and professionally institutionalized selection process. Therefore, the establishment of national procedural standards based on meritocracy and legal certainty is necessary to strengthen the independence, professionalism, and legitimacy of the Constitutional Court within Indonesia’s constitutional system.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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