Wed, 05 Nov 2003

Constitutional Court holds first hearing

Kurniawan Hari, The Jakarta Post, Jakarta

The Constitutional Court on Tuesday held its first session to hear lawyers of groups of people seeking a legal review of three laws: On electricity, on oil and gas, and on the government debt instrument.

The Constitutional Court, formally set up on Aug. 16, is directed by the Constitution to conduct judicial reviews and settle cases where the president is considered to have violated the law.

Presiding judge Jimly Asshidiqie said people seeking judicial review are given 14 days to complete the necessary documents. The courtroom is temporarily situated at the House of Representatives (DPR) building here.

Preliminary trials are held to give the people and their lawyers more time to complete the necessary documents.

The first trial of the Constitutional Court attracted among others constitutional law experts Harun Alrasyid and Satya Arinanto, apart from member of the Civil Servants' Wealth Audit Commission (KPKPN) Sukoco.

The first session heard lawyer Jhonson Panjaitan who represented a group of people seeking legal review of the electricity law.

Panjaitan said that Law No. 20/2002 on electricity contradicted Article 33 of the Constitution which says that all forms of production that benefit the public must be controlled by the state, including electricity. He said that the law has encouraged the private sector to invest in electricity companies.

The procession started when the protocol asked the audience to stand up while the panel of nine judges entered the courtroom in red attire.

Jimly was accompanied by deputy chief judge Laica Marzuki and seven members HAS Natabaya, Haryono, I Dewa Gede Palguna, Mukhtie Fajar, Achmad Roestandi, Soedarsono, and M. Siahaan.

The electricity law is among 14 laws listed for judicial review, which was taken over by the Constitutional Court from the Supreme Court on Oct. 15.

Apart from laws on oil and gas and on the government debt instrument, Constitutional Court Acting Secretary General Janedjri M. Ghaffar said that others include the laws on the Supreme Court, broadcasting and the law on the Commission for Corruption Eradication (KPTPK).

Still more are the laws on the general elections, political parties, regional autonomy and the law on the status and composition of the House of Representatives (DPR), the Regional Representatives Council (DPD) and the People's Consultative Assembly (MPR).