Constitutional Court to review 14 legislations
Constitutional Court to review 14 legislations
Moch. N. Kurniawan and Muninggar Sri Saraswati, The Jakarta Post,
Jakarta
The Constitutional Court took over from the Supreme Court on
Wednesday the task of hearing motions to review 14 legislations,
but will prioritize those laws that may affect the upcoming
general elections.
Constitutional Court chief Jimly Asshidiqie said the decision
was made to help next year's elections run without a hitch.
"We don't want disturbances in the election proceedings,"
Jimly told reporters after a meeting with Chief Justice Bagir
Manan at the Supreme Court.
Among the prominent cases topping the Constitutional Court's
priority list is a request filed by several Muslim parties and
legal aid institutes for a judicial review of the General
Election Law and Political Party Law.
Jimly said the Constitutional Court had set up a panel of nine
judges to hear each of the 14 cases, and the judicial decision
would be unanimous.
"The decision is final, meaning there is no chance for an
appeal. If the judges decide to change a particular article or
paragraph of a law or a government regulation, then the
government and the House of Representatives must accept their
decision," he asserted.
Jimly promised quick proceedings, estimating that a decision
could be delivered in two months at the latest.
"We need enough time to hear both parties of the dispute," he
said.
The Constitutional Court has the full authority to review all
legislation, to hear disputes between state institutions and to
hear electoral violations, as well as crimes and misdemeanors
committed by the president.
Later in the day, a number of political parties that failed to
pass the screening by the Ministry of Justice and Human Rights
asked for the Supreme Court's legal opinion on the government's
decision, which deprived them the opportunity of participating in
the 2004 general elections.
Among the 32 parties that failed the screening are: the
Indonesian Nationalist Alliance Party (PANI), the People's
Interest Party, the Indonesian Progressive Nationalist Party (PNI
Progresif), the New Masyumi Party and the Indonesian United Islam
Party (PSII).
PSII deputy chairman M. Nur said the party expected the legal
opinion would overturn the ministry's decision and allow them to
contest the election.
Earlier, PANI chairman Bambang Sulistomo said his party would
also file a motion with the Constitutional Court for a judicial
review of the ministry's decision, and accused the ministry of
violating Law No. 31/2002 on political parties.
KPU member Mulyana W. Kusumah said the commission would allow
parties that had won their cases to register for the election,
but only if they submitted the ministry's endorsement.
"Even if the Supreme Court decides in favor of a party, it
will still need a letter from the Ministry of Justice and Human
Rights that validates its legal status. Once it has produced the
letter, we will accept its registration," Mulyana said.
He admitted, however, that the KPU would violate its own
decree if it accepted parties to register beyond the Oct. 9
deadline, which had already passed.