Court rejects DPD challenge of audit agency executives

Court rejects DPD challenge of audit agency executives

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

All 21 elected members of the Supreme Audit Agency (BPK) for
2004-2009 period will soon take their oaths before the President
after the Constitutional Court ruled on Friday their selection
did not need approval from the Regional Representatives Council
(DPD).

Six of the nine judges hearing the case agreed that the
appointment of the new BPK members was not in violation of the
Constitution as the selection process started and finished before
the DPD came into existence on Oct. 1, even though then president
Megawati Soekarnoputri approved the BPK members' appointment only
on Oct. 19.

"We reject the motion filed by the plaintiff and revoke our
provisional ruling freezing any move to inaugurate BPK members,"
Constitutional Court president Jimly Asshidiqie told the hearing,
which was also attended by some DPD members, House of
Representatives members, State Secretary Yusril Ihza Mahendra and
outgoing BPK chairman Satrio Billy Joedono.

The House began the selection of the BPK members in October
2003, following a reminder from the government that the term of
the incumbent BPK members was nearing an end. The selection
finished only in July this year.

The DPD challenged the selection, citing an article in the
amended Constitution that requires the House to consult the DPD
regarding the selection of BPK members.

In its verdict, the Constitutional Court ruled that the power
of the DPD took effect only after its establishment on Oct. 1
even though the General Elections Commission had endorsed the
election of 128 DPD members in May and further amendment made to
the Constitution in 2003 stipulated the formation of the DPD.

The House and DPD members elected in the April polls were
inaugurated on Oct. 1.

Dissenting opinions came from three judges: Mukhtie Fadjar,
Maruarar Siahaan and Harjono.

Mukhtie and Maruarar were of the same opinion that the DPD had
existed since the Constitution was amended in 2003 and the law on
the composition of legislative bodies, including the DPD, took
effect later that year.

Meanwhile, Harjono said the court could not reject the motion
because it concerned the House's authority, not the presidential
decree.

After the hearing, Yusril said the government would arrange to
induct the new BPK members about a week after Idul Fitri, which
falls on Nov. 14.

"Chief justice (Bagir Manan) will take their oaths, which will
be witnessed by President Susilo Bambang Yudhoyono," he
announced.

A dejected DPD member, I Wayan Sudhirta, said the fact that
some of the judges disagreed with the ruling was some solace.

"At least some of the justices agreed with our opinion that
the House should consult us regarding the selection of BPK
members," he said.

Constitutional Court rulings cannot be contested.