Tue, 16 Jan 2001

Gus Dur's rejection of justices gets mixed reaction

JAKARTA (JP): Legislators on Monday gave mixed reactions to President Abdurrahman Wahid's Friday letter to the House of Representatives officially rejecting the two nominated chief justices proposed by the legislature.

Those who did express support for the President's decision were mainly Abdurrahman's own National Awakening Party and the Indonesia Democratic Party of Struggle (PDI Perjuangan) who walked out in protest at the House session last year to formalize the nomination.

Most other factions said they would reject having to nominate new candidates.

Reform Faction chairman Hatta Radjasa said he regretted the President's refusal to accept the nominations of Muladi or Bagir Manan, and said his faction is likely to reject proposing any new candidates.

"The President must appoint one of the two candidates nominated by the House. The tension between the legislative body and the President is expected to mount following his rejection," he said after the House's opening plenary session here on Monday.

Hatta said the House and the President are divided over the issue particularly due to differing interpretations of the 1945 Constitution and the law on the Supreme Court.

The Golkar Party Faction also dismissed the President's suggestion that other candidates be nominated, asserting that both Muladi and Bagir Manan received the political blessing of the House.

Golkar Faction chief Syamsul Muarif described the rejection as "harassing this prestigious legislative body."

Ferry Mursyidan Baldan, chairman of the House's Commission II on home and legal affairs which conducted a fit and proper test on the Supreme Court chief and deputy chief candidates, said the commission would likely decline having to screen new candidates.

Ali Marwan Hanan, a member of the United Development Party (PPP) Faction, also said his faction would likely be unwilling to participate in another selection process.

Support

PDI Perjuangan however said that the faction would throw its full weight to support the selection of new candidates.

"Our faction is ready to seek other candidates to get a credible and qualified chief justice," Heri Achmadi, secretary of the PDI Perjuangan faction said.

Faction member Aberson Marle Sihaloho reiterated that his faction opposed the two candidates because both were unsuitable to lead the supreme court.

Aberson criticized his fellow legislators and said most misunderstood the constitution and the law.

"Both the constitution and the law stipulates that the President in his capacity as head of state has full authority to appoint a new chief justice and to dismiss that candidate, while the House conducts a fit and proper test to select candidates to prevent the President from appointing a chief justice arbitrarily," he said.

Dimiaty Hartono, another member of the PDI Perjuangan faction, called on the House leadership to hold a consultation meeting with the President to seek a peaceful solution to the issue.

"This polemic can be solved peacefully in a consultation meeting," he said.

Taufikurrahman Saleh, chairman of the National Awakening Party (PKB) Faction, also argued that the House should submit new names since the President rejected the first two candidates.

"Most justice seekers will be disenchanted with the Supreme Court if the prestigious state institution is entrusted to supporters of the former repressive and corrupt New Order regime," he said.

House Speaker Akbar Tandjung said the House in its official reply would likely decline to conduct a renomination of new candidates.

"The President's rejection of the two candidates will be discussed by the House's deliberation body to decide whether it will be brought to a plenary session," he said.

He said the House is likely to reject the President's suggestion of nominating another candidate as the President has already appointed a deputy chief justice who was included as part of a nomination package with the chief justice candidates. (rms)