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Fit and proper tests for judges


A parliamentary enquiry has been set up to examine the feasibility of implementing ongoing fit and proper tests for Indonesian judges (see here).  It is proposed the tests be conducted every five years, but it is not yet clear what criteria will be used as the basis for the assessments.

Currently, complaints about unethical and unprofessional conduct can be filed with the Judicial Commission - an authority set up specifically for this purpose (see our post here).  Considering there is already a system in place for dealing with this type of complaint, and that it is compulsory for judges to retire when they reach the age of 67, any further advantage that could be gained by implementing a regular system of fit and proper tests could be regarded as insubstantial.  It's also clear that  the regular review of judges tenures creates opportunities for abuses of power and exercise of political influence - threatening independence of the judiciary.

Indonesia's judiciary might be better off without these fit and proper tests - instead investing more resources into the Judicial Commission.