Grands colloques - Les Cours constitutionnelles, garantie de la qualité démocratique des sociétés ? - 166

ANWAR USMAN - INDONÉSIE

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that nominated them. They are merely representatives of the elements
that represent the three main branches of state power (trias politica) and
should not concurrently hold any other position after being elected as
constitutional justices. Thus, they are able to maintain their independence
as constitutional justices. Even if they represented the interests of their
respective proponents, those interests were difficult to realize because of
the counterbalancing number of the justices.
In selecting constitutional justices, each of the state institutions
opens the constitutional justice candidacy in a transparent and participatory manner. Transparent means that the nomination of constitutional
justices by each state institution must be open and known by the public.
Participative means involving all elements of society in the process of the
nomination of constitutional justices. With such mechanism of constitutional justice nomination, it is expected that the elected constitutional
justice candidates are credible constitutional justices who are trusted by the
people, so that their independence is undoubted. The process of election
of constitutional justice candidates has quite high requirements, such as:
1) possessing integrity and personality that is not blameworthy; 2) able to
be fair, statesmen who are educated in the constitution and state administration; 3) Indonesian citizens; 4) having at the minimum a doctoral degree;
5) having fear of God Almighty; 6) at least 47 years old; 7) spiritually and
physically healthy; 8) having never been imprisoned; 9) not having been
declared bankrupt; 10) having legal work experience of at least 15 years.
In order to maintain the independence of constitutional justices within
the institution, the election process of the Chief Justice and Deputy Chief
Justice of the Constitutional Court is conducted from and by constitutional
justices. The selection process can be done either through deliberation or
by voting. Each constitutional justice has the same rights in voting as well
as in making decision on a case. Each constitutional justice has the same
voting rights, but they prioritize deliberation in any decision-making. In
this context, the independence of a constitutional justice is not only from
institutions outside of the Constitutional Court, but also against fellow
constitutional justices.
Ladies and gentlemen,
In the context of guarding democracy and the electoral system, the
Constitutional Court of Indonesia shows its independence in the Decision
of Case Number 14/PUU-XI/2013. The Constitutional Court reformed
the interpretation of Article 6A and Article 22E of the 1945 Constitution. In
this case, the Constitutional Court utilized the original intent, systematic,
and grammatical interpretation approaches in interpreting the legislative
election (pileg) as well as the presidential and vice presidential election

Grands colloques - Les Cours constitutionnelles, garantie de la qualité démocratique des sociétés ?

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