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.