Lawmakers divided over education of judges<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
The House of Representatives (DPR) special committee deliberating
\nthe constitutional court bill remains divided over the
\neducational background of justices appointed to the court.<\/p>\n
Committee deputy chairman Zainal Arifin of the Indonesian
\nDemocratic Party of Struggle (PDI Perjuangan) said Tuesday the
\ncommittee had split into two groups, with one insisting that only
\nlaw graduates had the chance to sit as justices in the court,
\nwhile the other maintained that statesmanship was more important
\nthan educational background.<\/p>\n
\"We have not yet reached an agreement on that issue,\" Zainal
\ntold The Jakarta Post on Tuesday.<\/p>\n
He emphasized that the issue of educational background was the
\nonly issue dividing committee members.<\/p>\n
The members, according to Zainal, had already accepted the
\ncomposition and authority of the planned constitutional court as
\nspelled out in the newly amended Constitution.<\/p>\n
The planned constitutional court would have nine members, with
\nthe authority to dissolve a political party, settle election
\ndisputes, resolve disputes between state institutions, review
\nlegislation and determine whether or not the president had
\ncommitted a wrongdoing.<\/p>\n
The president, House, and the Supreme Court will each appoint
\nthree justices to the constitutional court.<\/p>\n
All factions also agreed that the constitutional court would
\nnot function as a court of \"justice\" but a court of \"law\" --
\nmeaning all decisions of the constitutional court had to be based
\non the Constitution and on evidence, while the justice element
\nwould only offer a limited amount of discretion.<\/p>\n
Separately, committee chairman Zen Zen or Zein? Badjeber of
\nthe United Development Party (PPP) pledged on Monday to submit
\nthe bill for endorsement on July 31 to an extraordinary plenary
\nsession, the first to be held during a recess.<\/p>\n
Committee deputy chairman Ali Masykur Musa of the National
\nAwakening Party (PKB), meanwhile, concurred with Zein, saying
\nthat legislators would finish deliberating the bill on time.<\/p>\n
He added that stipulations regarding the role and authority of
\nthe constitutional court had been agreed by all nine factions.<\/p>\n
Earlier, Minister of Justice and Human Rights Yusril Ihza
\nMahendra said that the government needed more time to discuss the
\nbill.<\/p>\n
The date for the establishment of the constitutional court had
\nbeen established by the amended Constitution -- Aug. 17, 2003.<\/p>\n
Yusril, however, proposed a change to the deadline, arguing
\nthat the time available for deliberation was not enough.<\/p>\n
The idea to delay establishment of the constitutional court
\ncame from President Megawati Soekarnoputri, who had earlier said
\nthat the substance of the bill was very important and required
\nextensive discussion.<\/p>\n
Zein revealed that all factions had agreed to adopt the term
\n\"request\" instead of \"litigation\" for anyone demanding that the
\nconstitutional court settle a disputed election result, dissolve
\na political party, follow up on an accusation by the House that
\nthe president had committed a wrongdoing, or review existing
\nlegislation.<\/p>\n
He also said that the procedure would not involve litigation
\nbut a request made by a specific group to the constitutional
\ncourt to process the dispute.<\/p>\n
Without litigation, Zein added, there would be neither a
\nprosecutor nor a prosecuted party.<\/p>",
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