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.