THE INTERPRETATION OF ADMINISTRATIVE COURT IN IMPLEMENTING TRANSPARENCY AND PARTICIPATORY PRINCIPLES IN THE APPOINTMENT OF THE CONSTITUTIONAL COURT JUSTICE BY PRESIDENT

Abstract

The selection process of the constitutional court justice is must be implemented base on transparency and participatory principles. Transparency is a principle that gives an obligation for government to open in gives all of informations about the administrative decision in the appointment of the constitutional court justice. On the other hand the meaning of participatory is the process of society to participates, gives their input, suggestion and opinion about the selection of the constitutional court justice. Because of the reason that President was not implemented transparency and participatory principles in the appointment of constitutional court justice which stated in the Presidential Decree Number 87/P Year 2013 so Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) and Indonesia Corruption Watch (ICW) was submitted the lawsuit to Administrative Court of Jakarta. In the verdict of Administrative Court of Jakarta, the justices were argued that Presidential Decree Number 87/P Year 2013 violated and was not implemented transparency and participatory principles. But between those verdicts in Administrative Court of Jakarta and High Court of Administrative of Jakarta, there was different interpretation about legal standing of plaintiff, that is the right of an organization to sue. Moreover there is no a system which regulates about the procedure of the appointment of the constitutional court justice.