Reformulasi Mekanisme Distribusi Perkara dan Penunjukan Hakim: Studi Perbandingan Hukum Indonesia dengan Jerman

Abstract

This study examines the mechanisms of case distribution and judge appointment in the Indonesian criminal justice system through a comparative approach with the German legal system. The background of this study is based on various issues of judicial administration in Indonesia, including the high workload of judges, unequal distribution of cases, and the practice of bribing judges by exploiting the discretion of court presidents in appointing judges. Although the prosperity of judges has improved, issues of integrity and transparency in the mechanism for appointing judges remain a serious challenge. This study uses a normative legal research method with a legislative, conceptual, and comparative law approach. The legal materials used include Indonesian legislation, as well as several German regulations covering the Gerichtsverfassungsgesetz and the Geschäftsverteilungsplan des Amtsgerichts Tiergarten 2025. The results of the study show that the German system implements a Geschäftsverteilungsplan mechanism, which is a case distribution plan established at the beginning of each year by the court presidium and applicable for one year. This mechanism systematically regulates case classification, judge rotation, panel composition, and judge replacement mechanisms, thereby reducing individual discretion and increasing objectivity and transparency. In contrast, the Indonesian system still relies on the discretion of the chief judge in every judge appointment, which has the potential to lead to subjectivity and opportunities for bribery of judges. Based on this comparative reflection, this study recommends administrative reformulation through the implementation of a structured, objective, and predetermined case distribution system to strengthen integrity, equalize workloads, and build public trust in the criminal justice system in Indonesia.