Experts urge enactment of constitutional court bill

Kurniawan Hari, The Jakarta Post, Jakarta

Legal experts urged legislators and the government on Wednesday to finish the deliberation of the constitutional court bill soon and to establish the court before the Aug. 17, 2003 deadline set by the 1945 Constitution.

Solly Lubis, an expert from North Sumatra University (USU), suggested that the government take the spirit and optimism of the legislators into account.

"The constitutional court will be the key to our commitment in law enforcement. The deliberation must go ahead," Solly told The Jakarta Post after a hearing on Wednesday with the House committee in charge of the bill's deliberation.

Firmansyah Arifin of the National Consortium for Legal Reform (KRHN) said the government's demand for revisions to the transitional provisions of the Constitution showed its reluctance to finish the deliberation.

Both experts were responding to a statement by Minister of Justice and Human Rights Yusril Ihza Mahendra, who suggested the People's Consultative Assembly (MPR) to amend transitional provisions in the Constitution to delay the establishment of the constitutional court.

The formation of the court was mandated last year in the amended 1945 Constitution to handle constitutional disputes.

The transitional provisions also stipulate that until the court's establishment, the Supreme Court would be vested with this authority.

Yusril said the government doubted the lawmakers would be able to finish within the set timeframe, so he preferred that the transitional provisions be amended in order to extend the time of deliberation.

Although the idea might be logical, Firmansyah said it would only add to the burdens of the Supreme Court, which has about 17,000 backlog cases at present.

"The House must optimize its deliberation process and finish the bill as scheduled," he said.

Legislator Baharuddin Aritonang of the Golkar faction, who was a member of the ad hoc committee in charge of constitutional amendment last year, regretted the government's discouraging response.

He said revisions to the transitional provisions could revive the classical debate on the amendment to the constitution.

"This may lead to demands for revisions of other articles in the Constitution," he said, referring to those groups who rejected the constitutional amendment last year.

Aritonang suggested that the lawmakers work during their recess between July 8 and Aug. 18 to meet the deadline for the establishment of the constitutional court.

The House will have to pass the bill long before the Aug. 17 deadline to give ample time for the President to endorse it, the related institutions to select judges and the head of state to install them.

The bill stipulates that the court is to have nine judges, with the President, the House and the Supreme Court to choose three judges each.

At the hearing presided over by Zainal Arifin of the Indonesian Democratic Party of Struggle (PDI Perjuangan), Solly emphasized the necessity for separating the judicial role of the constitutional court from the political role of the Assembly regarding impeachment.

Solly was referring to the authority of the constitutional court to assess any alleged misconduct or abuse of power by the President.