Court orders postponement of BPK appointments
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The Constitutional Court ordered on Monday the government to put the planned inauguration of 21 members of the State Audit Body (BPK) on hold, following a dispute between the Regional Representatives Council (DPD) and the House of Representatives (DPR) over the issue.
Constitutional Court president Jimly Asshidiqie said the order was provisional pending the court's verdict of the DPD's challenge to the House's selection of BPK members.
"The Constitutional Court ordered a temporary postponement of the implementation of Presidential Decree No. 185/2004 on the end of term of BPK members for 1998-2003 and the inauguration of BPK members for the 2005-2009 period," Jimly told a hearing of the first dispute involving state institutions.
Former president Megawati Soekarnoputri signed the decree on Oct. 19, on the eve of her exit from the presidency.
The court expects to deliver its verdict, which is final, on Wednesday.
The dispute evolved around DPD's objection to the issuance of the presidential decree, which it considered a violation of the amended Constitution. Article 23 F of the Constitution stipulates that the selection of BPK members requires the opinion of the DPD.
The conflict may have not happened if the House had completed the selection on schedule in 2003. Megawati issued a presidential decree extending the term of the BPK members for one year due to the protracted process of selection.
State Secretary Yusril Ihza Mahendra and House legislator Teras Narang told the court the selection of the new BPK members by the House was lawful.
Yusril said the House had finished the selection in June, while the 128-strong DPD only began its term on Oct. 1.
"The country has not revised the law on the BPK to follow up Article 23 F of the Constitution. We are still using Law No. 5/1973 on the BPK, which does not require the DPR to consult the DPD," said Yusril, who was the justice minister in the previous administration.
Teras said the DPR started the selection of the new BPK members in September 2003 following a request from the government as the BPK members for the 1998-2003 period would end their tenure in October.
"The DPD did not exist back then," he said.
Outgoing BPK chairman Satrio B. Joedono said he could understand the DPR's stance because the selection of new BPK members referred to Law. 5/1973 on the BPK, which does not require the DPR to consult the DPD.
The DPD, which represents 32 provinces in the country, was directly elected in the April 5 legislative election. Its members took office on Oct. 1.
The council's main duties include providing input in the deliberation of bills, especially those that have direct implication on regions.
The DPD is currently seeking to revise the amended 1945 Constitution to allow its members to stand on equal footing with the House, with which it meets annually as the People's Consultative Assembly.