Ministers and legislators challenge judicial review<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
Two ministers and five legislators appeared for the first time
\nbefore the Constitutional Court on Tuesday to defend a number of
\nlaws challenged by several judicial organizations claiming to
\nrepresent the interests of the general public.<\/p>\n
Minister of Justice and Human Rights Yusril Ihza Mahendra and
\nMinister of Energy and Mineral Resources Purnomo Yusgiantoro sat
\nnext to legislators A. Teras Narang, Hamdan Zoelva, Patrialis
\nAkbar and Agusman Mulyadi while the newly established court heard
\njudicial reviews filed against Law No. 20\/2002 on electricity,
\nLaw No. 22\/2002 on oil and gas, Law No. 24\/2002 on government
\ndebt instrument and Law No. 32\/2004 on broadcasting.<\/p>\n
Lawyers representing the civil groups that had filed the
\njudicial reviews also stood in attendance.<\/p>\n
During the hearing, Yusril, who was assigned by President
\nMegawati Soekarnoputri to represent the government, and the
\nlegislators constantly raised questions as to whether or not the
\nplaintiffs were legally justified in their actions.<\/p>\n
\"Shall we give explanations to you if the requests have been
\nmade by questionable parties? It is a waste of time,\" Yusril told
\nthe panel of nine judges led by Judge Jimly Assidiqie.<\/p>\n
Johnson Panjaitan and other lawyers of the Association of
\nIndonesian Lawyers (IPHI) and the Indonesian Legal Aid and Human
\nRights Association (PBHI) said the motion was legal.<\/p>\n
Yusril and the legislators still insisted that it was not
\nlegally possible for either the IPHI or the PBHI to represent
\ngroups whose constitutional rights were possibly violated with
\nthe enactment of the laws being challenged.<\/p>\n
\"Why don't you just dismiss the case because they (the
\nlawyers) are not eligible to request the review?\" Yusril, himself
\na founder of a law firm, suggested to the justices.<\/p>\n
Judge Jimly reminded the court that the government, the House
\nof Representatives and the plaintiffs should not act like lawyers
\ntrying or defending a criminal or civil case.<\/p>\n
\"You are not warring parties. You have been summoned here
\nbecause we need your explanation about the legislation, so we can
\ndecide whether they are or are not against the Constitution,\" he
\nsaid.<\/p>\n
Jimly said that there would be no \"winner or loser\", because
\nthe court was mandated to review laws that possibly contradicted
\nthe Constitution.<\/p>\n
He also explained that the justices would decide in the
\nverdict whether those who requested the reviews were eligible to
\nmake the legal motion and whether the requests were justified.<\/p>\n
\"Please, be wise, because this will become the precedent,\" he
\nsaid.<\/p>\n
A judicial review brought to the Constitutional Court begins
\nwith a preliminary hearing to screen the administrative
\nrequirements for a review, to hear the plaintiff, the government
\nand the House.<\/p>\n
Criminal and civil courts here are required to issue a ruling
\non the eligibility of a case after two or three sessions. If the
\ncase is deemed eligible, the court proceeds with the trial.<\/p>\n
Jimly told those in attendance to respect the court, because
\nthe proceedings involved the constitutional fate of Indonesian
\ncitizens. The hearings were adjourned until January next year.<\/p>",
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