Debate may delay Constitutional Court bill

Kurniawan Hari, The Jakarta Post, Jakarta

A meeting between leaders of the House of Representatives and the chairmen of House factions failed on Tuesday to reach a consensus on who should lead the special committee deliberating the bill on the Constitutional Court.

The majority of the legislators wanted the special committee to be headed by Zein Badjeber, a veteran politician from the United Development Party (PPP) faction. The Indonesian Democratic Party of Struggle (PDI Perjuangan) faction, however, insisted that the committee be chaired by Zaenal Arifin, a PDI Perjuangan member.

The dispute prompted House Deputy Speaker Soetardjo Soerjogoeritno of PDI Perjuangan to adjourn the meeting until Thursday.

Based on the amended 1945 Constitution, the House and the government must set up the Constitutional Court by Aug. 17, 2003, at the latest.

With less than three month to go, the wrangle over the committee chairmanship may push back the court's establishment.

"I was assigned by my faction to chair the special committee. But since there was a dispute, I asked the chairman to delay the consultation meeting," Zaenal Arifin told The Jakarta Post on Tuesday.

The Constitutional Court will be in charge of settling constitutional disputes. Any delay in its establishment would mean that the Supreme Court, which is already swamped with cases, would be called upon to settle any constitutional disputes that might arise.

With elections fast approaching the need for a Constitutional Court is seen as that much more important. The court will have the authority to review existing laws, settle disputes among state institutions, dissolve political parties and settle any disputes over election results.

Also, the Constitutional Court will be called on should the House accuse the president and/or vice president of violating the Constitution.

The consultation meeting was held on Monday to discuss the appointment of three legislators to chair three special committees deliberating three bills.

I Nyoman Goenawan of PDI Perjuangan was appointed to chair the special committee investigating land dispute throughout the country, while Akil Mochtar of Golkar was appointed to head the committee deliberating the bill on foundations.

"To be fair, a PPP legislator should chair the committee deliberating the bill on the Constitutional Court," said PPP legislator Sjaiful Rachman.

Sayuti Rahawarin of the Daulatul Ummah Party (PDU) faction said he wanted Zein Badjeber to lead the special committee because the bill on the Constitutional Court was drafted by the legislation body headed by Zein.

"Ideally, Pak Zein would chair the committee because he knows the bill better," he said.

Sjaiful Rachman added that the House must appoint a chairman for the committee immediately because any delays could affect the endorsement of the bill.

Zaenal, meanwhile, said the position of committee chairman was not overly strategic. He said he would accept any decision made by his faction.

"The most important thing is for the committee to start deliberating the bill," he said.