Experts urge enactment of constitutional court bill

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.