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.