House to pass constitutional court bill
M. Taufiqurrahman, The Jakarta Post, Jakarta
The House of Representatives and the government have finally agreed on contentious aspects of the constitutional court bill, paving the way for its endorsement before the deadline set by the amended Constitution expires.
However, both sides have yet to reach an agreement on the educational background of the judges appointed to the court. The House of Representatives special committee deliberating the bill is still divided over what counts the most for one to be appointed as a judge, a law degree or statesmanship.
Committee deputy chairman Zainal Arifin of the Indonesian Democratic Party of Struggle (PDI Perjuangan) said on Sunday he had tabled a proposal allowing the government, the Supreme Court, and the House to name one non-law graduate among the three candidates they nominate.
"My proposal is a middle road. This will enable those who do not hold a law degree but who have experience and knowledge of the country's legal system to be eligible to be appointed as a judge," Zainal told The Jakarta Post, adding that if proposal was agreed to, people like Muslim scholar Nurcholish Madjid and former president Abdurrahman Wahid could be appointed as judges.
Legal experts earlier criticized the proposal for non-law graduates to be allowed to be appointed asserting that candidates without legal backgrounds would have difficulties digesting legal technicalities.
The amended 1945 Constitution mandated the establishment of the court, which will have the authority to settle disputes over election results, conflicts between laws and the Constitution, disputes between state institutions, dissolve political parties and to give final judgment on violations committed by the president as alleged by the House.
As the bill stands now, the court would consist of nine judges, with the government, the Supreme Court and the House nominating three each.
Article 15 of the bill states that in order to be appointed as a justice seat one should not be a convicted criminal who received a minimum sentence of one year. It sets a higher standard than that required by the presidential elections law, which stipulates that a convicted person may run for the presidency if his sentence was less than five years.
Zainal said that apart from the educational background issue, the committee had agreed on most of the other substantial issues, so that the meeting of the House working committee on July 29 would only discuss the wording of the bill.
In order to impeach a president, the House is obliged to present evidence to the court as required by the criminal law.
"The House has to work according to the procedure that has been set out by the court," Zainal said.
Earlier, members of the committee had already accepted the composition and powers of the planned constitutional court as spelled out in the newly amended Constitution.
As for the selection of judges, the committee would task the House legal and home affairs commission to set out its procedures and start the selection process as soon as possible, Zainal said.
Committee chairman Zein Badjeber of the United Development Party (PPP) faction concurred with Zainal, saying that both sides had agreed on an improved version of the constitutional court bill.
"Issues that had been overlooked by the House and the government are now included in the bill, especially on how the court will carry out its tasks," he told the Post after a meeting with officials from the Ministry of Justice and Human Rights.
The constitutional court's duties
1. Settling conflicts between laws and the Constitution.
2. Settling disputes between state institutions.
3. Pronouncing final judgment on whether or not a president/vice president engaged in wrongdoing. This could lead to impeachment.
4. Dissolving political parties.
5. Settling election disputes