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)