The Constitutional Court as one of the actors of judicial power has an important role in upholding the constitution and the principles of the rule of law in accordance with its duties and authorities as stipulated in the 1945 Constitution of the Republic of Indonesia in Article 24C paragraph (1), one of which is Judicial Review. Therefore, in carrying out its very strategic duties and authorities, it is very important for the Constitutional Court to implement the principles of Good Court Governance as a judicial institution, especially in handling cases.
The opening statement was delivered by promovendus Dr. Andi Hakim online at the Doctoral promotion session in the field of Administrative Sciences of the Graduate Program of the Faculty of Administrative Sciences, Universitas Indonesia (FAS UI).
He explained that his initial observation of the case handling system in the Constitutional Court and the researcher’s review of several external studies and documents related to the implementation of case handling in the Constitutional Court, obtained factual problems that showed problems in the governance of judicial institutions in the Constitutional Court or could be referred to as the phenomenon of judicial governance practices that were not in accordance with the principles of Good Court Governance.
“These problems are related to the implementation of the principles of accountability, transparency, rule of law, efficiency and effectiveness of implementation, the principle of certainty, conflicts of interest and ethical violations in handling cases at the Constitutional Court,” Andi said.
This condition was clarified by the results of research from the United States University which showed that problems with judicial institutions in 16 developing countries, including Indonesia, still experienced problems related to (1) limited public access to judicial institutions; (2) a judicial administration system that was not only slow but had massive corrupt practices; (3) low accountability of judicial institutions, and (4) low levels of public trust in the judicial system.
“This is very relevant and important to conduct research on the Good Court Governance model to construct or build a model of a Good Court Governance model in the Constitutional Court with a focus on the case handling process based on the perspective of Public Policy Science,” he said.
Promovendus explained that the results of the research showed that the implementation of the principles of Good Court Governance in the case handling system at the Constitutional Court with variables of accountability, case procedures, case management, organization, case handling development, and support systems at the Constitutional Court still had problems. Problems found included disparities in case handling time, organizational structure, procedural violations, inefficiency and ineffectiveness of the litigation process, weak supervisory institutions and less intensive supervision, regulations and online-based case handling arrangements that were not well managed and the low level of use of judicial technology by the public.
Furthermore, related to the Good Court Governance model in the case handling system at the Constitutional Court, the results showed that the organization is the central factor in formulating, implementing, evaluating, and controlling the entire case handling business process. This central factor is influenced by other factors such as organizational accountability and transparency systems, regulatory systems, leadership, communication systems, and support systems (IT).
Dr. Andi Hakim then explained that to achieve a system of accountability and transparency in case handling requires a legal framework, case monitoring instruments, regulations and operational steps in making decisions and the establishment of an island of integrity.
“As for the context of procedures and regulations, the Constitutional Court needs to design procedural laws that are adaptive, dynamic and compliance and professionalism of Judges and Constitutional Court employees with procedural law rules, as well as stakeholder participation in their preparation,” he explained.
In relation to leadership, moral leadership is needed, the role as the highest administrator, managerial functions, and the involvement of Judges in the business process of handling cases in the Constitutional Court. He examined that, in an organization, it is necessary to have judicial independence substantially and structurally, simplify the bureaucracy, balance the functions of supporting units in the Constitutional Court and strengthen managerial functions and case handling substance. Regarding the communication system, it is important to establish a Complementary Working System and balance the aspects of openness and independence of the judiciary.
Finally, related to supporting systems (IT), it is necessary to increase access to justice and educate the public in the utilization of technology-based justice systems. “The aforementioned things become the GCG model that needs to be built in handling cases at the Constitutional Court,” he said.
The doctoral promotion session was attended by the promoter in this session FAS UI Professor Prof. Dr. Eko Prasojo, Mag.rer.publ., and as a copromoter Dr. Ima Mayasari, S.H., M.H.
