{
    "success": true,
    "data": {
        "id": 1647420,
        "msgid": "fsha-proposes-changes-to-judge-recruitment-patterns-in-the-judicial-positions-bill-1774975843",
        "date": "2026-03-31 22:56:36",
        "title": "FSHA proposes changes to judge recruitment patterns in the Judicial Positions Bill",
        "author": "",
        "source": "ANTARA_ID",
        "tags": "",
        "topic": "Legal",
        "summary": "The Forum Silaturahmi Hakim Ad Hoc (FSHA) Indonesia has proposed shifting the recruitment of judges from a civil law system to a common law approach in the Judicial Positions Bill (RUU JH), emphasising meritocracy, professionalism, and at least five years of relevant legal experience. This change would empower the Judicial Commission (KY) to act as an independent merit commission, fostering higher-quality and more integrity-driven judges, while introducing periodic evaluations every five years and extending retirement ages to retain experienced professionals\u201467 for first-instance judges, 70 for appellate judges, and 75 for Supreme Court justices. The bill, part of the 2026 National Legislation Programme and under active discussion by the House of Representatives' Commission III, aims to strengthen judges' status as state officials, improve independent recruitment by the Supreme Court, enhance welfare, and boost judicial independence and legal certainty.",
        "content": "<p>Jakarta (ANTARA) - The Indonesian Forum for Rapport among Ad Hoc\nJudges (FSHA) has proposed changes to the judge recruitment pattern,\nshifting from the previous civil law system to a common law system in\nthe Judicial Positions Bill (RUU JH).<\/p>\n<p>FSHA Coordinator Siti Noor Laila stated that the change is based on\nthe principle of meritocracy, prioritising professionalism and\nexperience in the legal field and other relevant areas for at least five\nyears before recruitment as a judge.<\/p>\n<p>\u201cThis recruitment pattern also provides opportunities for the\nJudicial Commission (KY) to play a greater role as an independent merit\ncommission that can produce higher-quality and more integrity-driven\njudges from recruitment,\u201d Siti said during a public hearing with the\nHouse of Representatives\u2019 Commission III in Jakarta on Tuesday, as\nmonitored online.<\/p>\n<p>The civil law system is a legal system based on written law or the\ncodification of legal principles in statutes, while the common law\nsystem is a legal system based on judges\u2019 decisions and societal customs\nand practices, not on written legal codification such as statutes.<\/p>\n<p>She opined that this change in recruitment pattern could become an\nimportant milestone for reforming the Supreme Court (MA) institution,\ntransforming the previous structure that tended towards institutional\nloyalty into loyalty to the state and justice.<\/p>\n<p>In addition, the recruitment pattern will be followed by a periodic\nevaluation system every five years, as has been applied to ad hoc judges\nso far.<\/p>\n<p>Thus, Siti explained, judges who pass the periodic evaluation can\ncontinue as judges until retirement age according to their respective\ncourt levels.<\/p>\n<p>On the same occasion, FSHA also recommended efforts for prevention\nand development to maintain judges\u2019 integrity by involving the KY.<\/p>\n<p>\u201cThe implementation of a merit-based judge recruitment system, which\nrequires experience, will correlate with the extension of retirement age\nbecause greater experience aligns with maturity of age,\u201d she stated.<\/p>\n<p>Therefore, Siti continued, increasing the retirement age for\nfirst-instance judges to 67 years, appellate level to 70 years, and\nSupreme Court justices to 75 years is a necessity if the state wishes to\nattract experienced professionals as the vanguard of justice.<\/p>\n<p>The Judicial Positions Bill is included in the 2026 Priority National\nLegislation Programme (Prolegnas) and is currently in the active\ndiscussion stage by the House of Representatives\u2019 Commission III.<\/p>\n<p>The discussion focuses on strengthening the status of judges as state\nofficials, improving independent recruitment by the MA, enhancing\nwelfare, and adjusting retirement ages. The bill aims to increase\njudicial independence and legal certainty.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/fsha-proposes-changes-to-judge-recruitment-patterns-in-the-judicial-positions-bill-1774975843",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}