Juridical Rationality and Aspirations Behind the Changes

Juridically, Lidya explained that the preparation of this Bill is a follow-up to the decision of the Constitutional Court (MK) which states that judges are state officials. The Constitutional Court's decision, in accordance with the mandate of Article 10 of Law Number 12 of 2011 concerning the Establishment of Legislation, needs to be further regulated in a law. In addition, this Bill also considers President Prabowo Subianto's idea regarding the position of judge for life. However, aspirations from the judges themselves tend to reject this idea due to humanitarian considerations and the need for a private life outside the profession. To ensure legal certainty and avoid losses for incumbent Supreme Court justices, this Bill has designed transitional provisions. Lidya gave an example, a Supreme Court justice who was appointed at a relatively young age before this Law came into effect, will be given a choice: complete a 15-year term in accordance with the new rules, or continue to serve until reaching the retirement age of 70 years. This mechanism is designed to protect the existing rights of judges (existing). On the other hand, this Bill also opens up a more inclusive recruitment discourse, not only for Civil Servant Candidates (CPNS) but also providing opportunities for the military (TNI) to become judges, as long as they meet the established qualifications.