Court bill full of loopholes

Court bill full of loopholes

Kurniawan Hari, The Jakarta Post, Jakarta

Despite strong support for the establishment of a
constitutional court, some legislators suggest that deliberation
on the issue should be delayed due to loopholes in the draft
amendment.

Legislators also question how much authority should be granted
to the envisioned constitutional court in comparison to that
given to the Supreme Court, Indonesia's highest judicial body.

"We must dare to tell the public that we have to reorganize
this draft law first," said Sri-Edi Swasono from the Interest
Group faction.

He said the draft amendment gave no clear status to the
constitutional court, specifically whether it would be an ad-hoc
body or a permanent one.

Hartono Mardjono from the Daulatul Ummah faction pointed out
that the authority to be given to the court would overlap with
that of the existing State Administrative Court (PTUN).

According to the draft, the constitutional court has the
authority, among other things, to review laws, to have the final
say on disputes between state institutions, to dissolve a
political party and to resolve election disputes.

The court will also have the authority to give legal advice at
the request of the House of Representatives (DPR) concerning
allegations of crimes by the president or the vice president that
could lead to impeachment.

Debates also flared on membership and composition of the
constitutional court.

The legislators were unable to reach agreement on this
subject, but gave a list of options.