House at odds over constitutional court

House at odds over constitutional court

M. Taufiqurrahman, The Jakarta Post, Jakarta

Approaching the July 31 deadline for the endorsement of the bill
on the constitutional court, the House of Representatives and the
government have yet to decide on a number of contentious issues.

However, members of the working committee tasked with
deliberating the bill said on Tuesday that they were determined
to hammer out an agreement during the House's extraordinary
plenary session scheduled for July 31.

Committee member Pataniari Siahaan of the Indonesian
Democratic Party of Struggle (PDI Perjuangan) said that if
necessary the House could hold a vote during the plenary session.

"Whatever the outcome of the working committee is, it has to
be presented to the special committee for endorsement," he said.

Currently, House members and the government are still at odds
over two issues -- the voting mechanism among the justices and
their educational background.

Committee deputy chairman Zaenal Arifin of the PDI Perjuangan
faction said the committee was still divided over the voting
mechanism. "Some want a simple majority while others prefer an
absolute majority," he said.

For an absolute majority, court rulings would need the
approval of two-thirds, or six, of the nine justices, while a
simple majority would only need the support of at least five
justices.

The largest faction in the House, the PDI Perjuangan, favors
an absolute majority for court decisions pertaining to judicial
reviews and the impeachment of a sitting president. Whereas for
rulings on other issues mandated by the amended constitution,
such as dissolving political parties and settling disputes over
ballot counts, the court would need only a simple majority.

By contrast, the Golkar faction wants all decisions of the
court to be based on a simple majority.

Andi Matallata of the Golkar faction said that all the duties
of the court were of equal importance, and therefore the same
voting mechanism should apply to all issues.

As for educational background, lawmakers still have different
views as to whether or not a candidate justice should hold a law
degree.

The amended 1945 Constitution mandates the establishment of
the court, which will have the authority to settle disputes over
ballot counts, conflicts between laws and the Constitution,
disputes between state institutions, be able to dissolve
political parties, and to give final judgment on violations
committed by the president as alleged by the House of
Representatives.

The court will consist of nine judges, with the government,
the Supreme Court and the House entitled to choose three each.

Earlier, members of the committee had accepted the composition
and powers of the planned constitutional court as spelled out in
the newly amended constitution.

As for the selection of justices, the committee will assign
House Commission II on legal and home affairs to set the
procedures and start the nomination process as soon as possible.