NGO names candidates for Constitutional Court bench<\/p>\n
M. Taufiqurrahman, The Jakarta Post, Jakarta<\/p>\n
Saying that the government, the House of Representative (DPR) and
\nthe Supreme Court all had turned a deaf ear to the views of the
\npublic regarding the recruitment of judges for the new
\nConstitutional Court, a judicial watchdog announced on Sunday its
\nown list of candidates.<\/p>\n
Among the names of over one hundred prominent people listed by
\nthe National Consortium for Law Reform (KRHN) were lawyer and
\nrights activist Todung Mulya Lubis, constitutional law expert
\nfrom the state-run University of Indonesia, Jimly Asshidiqie,
\nlegal expert from Padjajaran University Sri Soemantri, rights
\nactivist Bambang Widjojanto, lawyer Adnan Buyung Nasution and
\nSupreme Court justice Artidjo Alkotsar.<\/p>\n
KHRN chairman Firmansyah Arifin said those who were on the
\nlist were figures who possessed statesmanship and integrity so as
\nto be suitable for appointment to the Constitutional Court.<\/p>\n
\"They are also well versed in administrative law issues,\" he
\ntold The Jakarta Post.<\/p>\n
After the endorsement of Constitutional Court bill by the
\nHouse last week, the House, Supreme Court and the government each
\nhave to select three judges, making up a total of nine judges,
\nbefore the Aug. 17 deadline expires.<\/p>\n
However, as the deadline draws near, it is clear that little
\npublic participation will be involved in the selection process.<\/p>\n
Chief Justice Bagir Manan brushed aside possible public
\nparticipation in the recruitment process, saying that he had the
\nprerogative to choose candidates from the institution he chaired.<\/p>\n
\"I have the privilege to appoint candidates from the Supreme
\nCourt,\" he said.<\/p>\n
Bagir said candidates from the Supreme Court would come from
\nthe country's high courts.<\/p>\n
Earlier, a legislator from the Golkar party revealed that his
\nfaction in the House would nominate three candidates and one of
\nthem would be Andi Mattalata, a member of the faction.<\/p>\n
Meanwhile, the Reform faction also nominated legal expert
\nJimly Asshidiqie, Dahlan Thaib of the Yogyakarta-based Indonesian
\nIslamic University, and Mukti Fadjar of the Malang-based
\nBrawijaya University.<\/p>\n
Firmansyah said although there was not much time left, the
\npublic should still make their voices heard in the process as the
\nConstitutional Court would play an important role in the
\ncountry's legal system in the future.<\/p>\n
\"Lack of public participation will allow the government, the
\nHouse and the Supreme Court to hijack the recruitment process and
\nat the end of the day, the three institutions will select judges
\nwho will be out to protect the interests of the institution that
\nappointed them,\" he said.<\/p>\n
He also doubted whether candidates from the high courts as
\nproposed by the chief justice would have the capabilities
\nrequired of judges of the Constitutional Court. \"In the high
\ncourt, they are preoccupied only with criminal and civil cases. I
\nam skeptical that they will be able to tackle constitutional law
\nissues,\" he said.<\/p>\n
The Constitutional Court will have jurisdiction to settle
\ndisputes over ballot counts, conflicts between laws and the state
\nconstitution, disputes among state institutions, dissolve
\npolitical parties and to give final judgment on violations
\ncommitted by the president as alleged by the House. The latter
\ncould lead to the impeachment of the president.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/ngo-names-candidates-for-constitutional-court-bench-1447893297",
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"sponsor": "Okusi Associates",
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