Govt, DPR at odds over judges for new court

Govt, DPR at odds over judges for new court

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Protracted debate between the House of Representatives (DPR) and
the government over the qualification of judges may hamper the
establishment of the constitutional court.

Justice and human rights minister Yusril Ihza Mahendra said on
Friday that the government rejected the House's proposal that
constitutional court candidates need not hold a bachelor of law
degree.

In an apparent about face, the House put forward the idea in
contradiction to its own draft on the constitutional court, which
stipulates that a judge of the constitutional court must hold a
bachelor of law degree and have 10 years experience in legal
work. The ideas were supported by several factions within the
House.

"Our stance is final. If the House rejects it, let it be," he
said in his office on Friday. The deadline for setting up the
constitutional court is only two weeks away.

Yusril said the government's stance was based on the
conviction that judges must have a strong background in law.

"It is okay if a candidate holds a masters degree in politics
or economics, but he must also be a law school graduate. We can
not accept the idea of a candidate holding a masters degree in
law if he has no bachelor degree in law," he said.

Yusril said that the government also required the candidate to
have 10 years of experience in legal work.

The House expects that candidates who have experience as
legislators could also apply for the posts.

The government has strongly rejected the idea saying that a
legislator held a political post rather than a professional one.

The amended 1945 Constitution mandates that both the House and
the government must establish the constitutional court by Aug.
17. However, both sides only began deliberating the draft last
month amid strong public pressure.

The constitutional court law is expected to be approved on
July 30.

The constitutional court will be in charge of settling
constitutional disputes. The court will have the authority to
review existing laws, settle disputes among state institutions,
dissolve political parties and resolve any disputes over election
results.

It will be called on should the House accuse the president
and/or vice president be accused of violating the Constitution.

Critics say any delay in its establishment would mean that the
Supreme Court, already swamped with cases, would be called upon
to settle any constitutional disputes that might arise in the
meantime.