Judicial Selection Rushed, House Becomes Rubber Stamp

The Indonesian House of Representatives' swift approval of 11 Supreme Court justice candidates and three ad hoc justices in August 2026 has drawn sharp criticism, with observers likening the process to a hurried prescription rather than a precise legal measure.

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Selecting candidates to fill the highest bastion of law should be like measuring medicine: with a precise dose, not simply with speed.

The Judicial Commission submitted 14 names on August 7, 2026, following administrative, competency, health, and personality screenings, as well as open interviews. However, the speed at which these candidates were processed has ignited concerns about the thoroughness of evaluating track records, integrity, legal competence, potential conflicts of interest, and ethical violations.

These concerns were amplified as civil society groups raised questions about the qualifications of several nominees. Some candidates reportedly struggled to articulate key legal concepts like judicial pardon and the pre-trial mechanism under the new Criminal Procedure Code. Simultaneously, non-career candidates perceived as having integrity and a critical stance were excluded, and career judge Albertina Ho, known for her strong reputation, did not make the final list.

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Track records, integrity, legal competence, potential conflicts of interest, and ethical violations cannot be assessed like choosing a lunch menu.

The core of the issue lies in the House's role, particularly Commission III, which oversees legal affairs. The authority to approve judicial candidates is intended as a crucial mechanism for oversight and checks and balances. However, the article contends that the House has increasingly functioned as a rubber stamp, transforming rigorous fit-and-proper tests into arenas dominated by political interests.

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The House’s authority to approve judicial candidates is supposed to serve as a mechanism of oversight and checks and balances.

Specific scrutiny has fallen on candidates like Dhifla Wiyani, an advocate with a past as a legislative candidate for the Golkar Party. Despite her claims of leaving practical politics, her history warrants open examination. The article emphasizes that candidates closer to power must provide clearer evidence of their ability to maintain independence. The subsequent approval of all 14 candidates by the House's Commission III on August 12-13, 2026, and their ratification in a plenary session five days later, without meaningful substantive debate, prompts the public to question the necessity of the tests themselves. The House, it is argued, should act as a final filter, not merely an approval counter, demanding explanations and even rejecting candidates when shortcomings are evident in the Judicial Commission's process.

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The problem is that the House has increasingly become a rubber stamp.