Chief justice selection takes a new turn
Chief justice selection takes a new turn
JAKARTA (JP): The month-long dispute on the chief justice
selection took a new turn as the House of Representatives has
decided to return the matter to House Commission II on Legal and
Home Affairs.
House Speaker Akbar Tandjung said on Thursday that the House
Consultative Body (Bamus) had decided that the selection of the
chief justice be reexamined by Commission II to find a solution
to the long-standing impasse with President Abdurrahman Wahid.
"It was decided on Wednesday evening that they (Bamus) will
let Commission II reexamine the selection of the chief justice.
And the results will be discussed in the House plenary session,"
Akbar said.
He said the House would likely stick with the two names
nominated earlier by Commission II, although several factions
wanted a new selection.
The dispute developed after members of the Indonesian
Democratic Party of Struggle (PDI Perjuangan) walked out during
the plenary session on Dec. 7, when former justice minister
Muladi and legal expert Bagir Manan were officially nominated as
chief justice candidates.
Muladi served as justice minister in the last Cabinet of
former president Soeharto and remained in the post under
Soeharto's successor, B.J. Habibie.
Bagir Manan, a law professor at the state Padjadjaran
University in Bandung, West Java, also served Soeharto as a
director general of the justice ministry in the 1990s.
Abdurrahman has rejected both nominees claiming that both
candidates were known to be loyal to the New Order regime and to
be partisan. He then gave the mandate to appoint the chief
justice to Vice President Megawati Soekarnoputri.
But, Megawati turned down the President's mandate and returned
the responsibility to him.
Akbar, also Golkar chairman, said House leaders could not have
further discussions with the President over the matter as the
latter has maintained his stance and refused to discuss it
further.
When asked whether he regretted Abdurrahman's move to refuse
Muladi, who happens to be a Golkar cadre, Akbar said he regretted
the President had rejected the two candidates.
"I am not sorry because pak Muladi will not get the position,
but I regret the President's decision to refuse to choose one of
the two candidates," he said.
Meanwhile, political analyst Ichlasul Amal of the Yogyakarta-
based Gadjah Mada University suggested that the chief justice be
elected by the Supreme Court justices themselves.
"If the President's rejection of the two candidates is legal,
then when will this (dispute) end? I suggest that the chief
justice be elected by the justices themselves," he told reporters
after inaugurating the university's medical center here on
Wednesday.
Ichlasul said that since the posts of chief and deputy chief
justice were not politically influential, the President and the
House should let the justices elect the chief justice among
themselves, without any outside influence.
Ichlasul, also rector of the university, said Abdurrahman's
rejection to the two candidates was understandable as many people
could not accept either candidate.
On the other hand, he said the two candidates had legal and
political "legitimacy" because they had passed the fit and proper
test by the House. (44/dja)