Fri, 15 Aug 2003

House names three constitutional court judges

Kurniawan Hari, Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The selection process of Constitutional Court judges came closer to completion after the House of Representatives announced its three preferences.

The three were constitutional law expert Jimly Asshiddiqie, former House legislator Achmad Rustandi and People's Consultative Assembly legislator I Dewa Gede Palguna. They beat the other 10 candidates who underwent fit and proper tests on Wednesday and Thursday.

A plenary House session will be held on Friday to endorse the three nominees.

The Supreme Court had earlier appointed Laica Marzuki, Sudarsono, and Muarar Siahaan judges for the new court and the government was expected to announce its three nominees on Friday.

Based on the amended Constitution, the new court will consist of nine judges with the House, the President, and the Supreme Court appointing three each.

The Constitution sets an Aug. 17, 2003 deadline for the establishment of the Constitutional Court.

Minister of Justice and Human Rights Yusril Ihza Mahendra disclosed on Thursday the government had received 18 names nominated as constitutional court judges.

The 18 names included right activists Todung Mulya Lubis, Benny K. Harman, legislators Harun Kamil, JE Sahetapy, and lecturers I Dewa Gede Atmadja and Jimly Asshiddiqie.

Harun Kamil and Gede Atmadja had joined in the selection process in the House and were ranked fifth and tenth respectively.

Yusril said his team would present six names to the President who will later pick three out of the six on Friday.

According to him, the President will install the nine judges on Saturday, which will mark the establishment of the court.

Speaking to the press after finishing the selection on Thursday, House Commission II chairman Agustin Teras Narang said that the commission had selected Jimly Asshiddiqie, Achmad Rustandi, and Palguna as the judges.

As with the selection process used by the National Commission on Human Rights (Komnas HAM), the House's law commission used a scoring system for the selection.

Under the scoring system, each legislator is allowed to list three candidates as their preference.

Of the 49 legislators who voted on Friday Jimly got 37 votes, Rustandi 26, and Palguna 22.

Jimly was nominated by the Golkar faction while Rustandi and Palguna were nominated by the United Development Party (PPP) faction and the Indonesian Democratic Party of Struggle (PDI Perjuangan) respectively.

Zein Badjeber who chaired a team deliberating the constitutional court bill hailed the result of the selection.

"All candidates are good, we have selected excellent ones," Zein said.

Asked whether Achmad Rustandi -- a former legislator from military/police faction -- had experience in constitutional matters, Zein said the requirement was not mandatory.

He said that the judges selected by Supreme Court Chief Justice Bagir Manan also had no experience in constitutional matters.

The House was scheduled to examine 14 candidates, but two of them, Djuhad Mahja and Haryono nominated respectively by PPP and PDI Perjuangan, withdrew.

Candidates vote ranking ---------------------------------------- No. Name No. of votes ---------------------------------------- 1. Jimly Asshiddiqie 37 2. Achmad Rustandi 26 3. I Dewa Gede Palguna 22 4. Dahlan Thaib 18 5. Harun Kamil 15 6. M. Fajrul Falaakh 10 7. Ali Hardi Kiaidemak 6 8. Edith Nababan 5 9. Benjamin Mangkoedilaga 2 10. I Dewa Gede Atmadja 1 11. Soebagyo 1 12. Eko Sugitario - ---------------------------------------- Source: House Commission II