Gus Dur's refusal to name chief justice attacked
Gus Dur's refusal to name chief justice attacked
JAKARTA (JP): President Abdurrahman "Gus Dur" Wahid has
provided illogical arguments to support his rejection of the
House of Representatives' candidates for the chief justice
position, a seminar concluded on Thursday.
Legal experts speaking at the seminar also suggested that Gus
Dur choose the best of the two proposed nominees for the sake of
control over all levels of trial proceedings, the job performed
by a chief justice.
Hamid Awaluddin, director of the Center for Public Policy
Studies (Puskap), criticized the President for rejecting the
candidates merely based on the fact that they were part of the
former regime.
"Even the House members and the President were raised by the
old regime. So it is incorrect to use that stigma to restrict the
candidates' rights for the position," Hamid said.
He said the candidates could only lose their rights if the
House or the President provided evidence of wrongdoing committed
in the past.
The House has selected former minister of justice Muladi and
law professor Bagir Manan to fill the Supreme Court's top post in
accordance with the Supreme Court Law No. 14/1985. The law
stipulates that the President should select one of the two.
Abdurrahman said that another reason preventing him from
accepting either of the candidates was due to the absence of Vice
President Megawati Soekarnoputri's approval, as well as the fact
that the House was also divided over the nomination of Muladi and
Bagir.
Abdurrahman suggested the legislators pick other candidates.
The House is now preparing a formal response to the
President's decision.
Reports indicate that the legislators will insist that
Abdurrahman appoint one of the two candidates already proposed
because it is his responsibility as the head of state.
Another speaker in the discussion, United Development Party
(PPP) faction chairman Ali Marwan Hanan, said that Abdurrahman
could be charged with violating the Constitution if he resisted
the House's choices, saying the legislators could not repeat the
screening process.
"We have conducted a very strict and fair test to assess the
candidates' quality and moral integrity. We even asked the
director-general of excise and taxation to tell us whether they
are good tax payers," he said.
Ali said that another controversy arose when legislators and
the President argued about the number of members who should be
appointed to the Audit Commission for State Officials' Wealth
(KPKPN). The issue was eventually settled through "consensus".
Other speakers, chairman of the National Ombudsman Commission
Antonius Sudjata and lawyer Yan Djuanda Saputra, were of the same
opinion that the House had fulfilled their duties and it was
Abdurrahman's responsibility to now select the best candidate for
the chief justice post.
"We badly need a Supreme Court chief to monitor all levels of
trial proceedings in the country. Of the 2,073 cases submitted to
the commission until Dec. 31, 2000, 38 percents of them relate to
corruption in judicial institutions," Sudjata said. (bby)
JAKARTA (JP): President Abdurrahman "Gus Dur" Wahid has
provided illogical arguments to support his rejection of the
House of Representatives' candidates for the chief justice
position, a seminar concluded on Thursday.
Legal experts speaking at the seminar also suggested that Gus
Dur choose the best of the two proposed nominees for the sake of
control over all levels of trial proceedings, the job performed
by a chief justice.
Hamid Awaluddin, director of the Center for Public Policy
Studies (Puskap), criticized the President for rejecting the
candidates merely based on the fact that they were part of the
former regime.
"Even the House members and the President were raised by the
old regime. So it is incorrect to use that stigma to restrict the
candidates' rights for the position," Hamid said.
He said the candidates could only lose their rights if the
House or the President provided evidence of wrongdoing committed
in the past.
The House has selected former minister of justice Muladi and
law professor Bagir Manan to fill the Supreme Court's top post in
accordance with the Supreme Court Law No. 14/1985. The law
stipulates that the President should select one of the two.
Abdurrahman said that another reason preventing him from
accepting either of the candidates was due to the absence of Vice
President Megawati Soekarnoputri's approval, as well as the fact
that the House was also divided over the nomination of Muladi and
Bagir.
Abdurrahman suggested the legislators pick other candidates.
The House is now preparing a formal response to the
President's decision.
Reports indicate that the legislators will insist that
Abdurrahman appoint one of the two candidates already proposed
because it is his responsibility as the head of state.
Another speaker in the discussion, United Development Party
(PPP) faction chairman Ali Marwan Hanan, said that Abdurrahman
could be charged with violating the Constitution if he resisted
the House's choices, saying the legislators could not repeat the
screening process.
"We have conducted a very strict and fair test to assess the
candidates' quality and moral integrity. We even asked the
director-general of excise and taxation to tell us whether they
are good tax payers," he said.
Ali said that another controversy arose when legislators and
the President argued about the number of members who should be
appointed to the Audit Commission for State Officials' Wealth
(KPKPN). The issue was eventually settled through "consensus".
Other speakers, chairman of the National Ombudsman Commission
Antonius Sudjata and lawyer Yan Djuanda Saputra, were of the same
opinion that the House had fulfilled their duties and it was
Abdurrahman's responsibility to now select the best candidate for
the chief justice post.
"We badly need a Supreme Court chief to monitor all levels of
trial proceedings in the country. Of the 2,073 cases submitted to
the commission until Dec. 31, 2000, 38 percents of them relate to
corruption in judicial institutions," Sudjata said. (bby)