Thu, 07 Aug 2003

House OKs constitutional court bill

Kurniawan Hari, The Jakarta Post, Jakarta

The House of Representatives unanimously approved the constitutional court bill on Wednesday.

The House avoided a vote after members agreed that judges sitting on the court must have law degrees and that laws are subject to judicial review.

Deputy House Speaker Soetardjo Soerjogoeritno banged the gavel to mark the endorsement of the bill at around 11 p.m. ending a lengthy debate that started early in July.

Only 270 out of the House's 497 members attended the plenary session that passed the bill.

In a departure from normal procedure, the bill was deliberated outside the House sitting period as the legislators and the government raced to meet the Aug. 17 deadline set by the amended Constitution for the establishment of the court.

Minister of Justice and Human Rights Yusril Ihza Mahendra, in his closing remarks, said the bill would be presented to President Megawati Soekarnoputri on Thursday for her endorsement.

The bill says the president, the House and the Supreme Court each selects three judges to sit on the court.

Previously, the House factions were split over the required education levels of the judges. While other factions demanded a judge have a law degree, the Reform faction insisted that professionalism and a good knowledge of the Constitution was more important than a degree.

The final draft of the bill says the Constitutional Court is authorized to carry out judicial reviews of laws enacted after the first constitutional amendments in October 1999. The Indonesian Democratic Party of Struggle had demanded that all laws be subject to judicial review.

The Constitutional Court will have the authority to review laws, to judge on disputes between state institutions, to dissolve political parties, and to resolve electoral disputes.

The court also has the authority to decide allegations by the House of Representatives that the president and/or vice president committed treason, corruption, bribery and other crimes that endanger the state.